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08/23/2010 - 5193� � CITY COUNCIL MEETING OF AUGUST 23, 2010 �ff1' 4F FRIDLE7` The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION Mark Daly and Margo Prasek — Kids After School Programs ADMINISTRATIVE APPEAL Abatement Appeal of Mark and Janet Kreutter, 5916 Second Street N. E. (Ward 3) ........................................................................... 1- 69 CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 9, 2010 FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of July 21, 2010 ................................................. 70 - 77 2. Variance Request, VAR #10-05, by HDR Architecture, Inc., for Unity Hospital, to Reduce the Parking Stall Width Size from 10 Feet to 9 Feet Throughout the Unity Hospital Campus, Generally Located at 550 Osborne Road N. E. (Ward 1) ................................................................... 78 - 94 3. Claims ............................................................................................................. 95 - 116 4. Licenses .......................................................................................................... 117 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 5. Consideration of the Removal or Repair of a Hazardous Building Located at 1280 — 52nd Avenue N. E. (Ward 1) ........................................................................................ 118 6. Consideration of a Text Amendment Request, TA #10-01, by Voigt's School Bus Service, Inc., to Allow Parking of Fleet Vehicles in the M-1, Light Industrial, and the M-2, Heavy Industrial Zoning Districts, Generally Located at 7600 Central Avenue N. E. (Ward 2) (Continued August 9, 2010) ........................................ 119 - 126 FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 3 PUBLIC HEARINGS (CONTINUED): 7. Consideration of the Revocation of Special Use Permits: SP #03-24 and SP #10-03 (Continued August 9, 2010) ....................................................... 127 OLD BUSINESS: 8. Resolution Revoking Special Use Permit, SP #03-24, for Wallboard, Inc., to have Exterior Storage of Materials in an M-2 Zoning District, Generally Located at 5346 Industrial Boulevard (Ward 3) (Tabled August 9, 2010) .................................................. 128 - 134 NEW BUSINESS: 9. First Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Requiring a Holiday Endorsement for the Sale of On- and Off-Sale 3.2% Malt Liquor and On-Sale Intoxicating Liquor and Chapter 11 Setting the Fee for the Holiday Endorsement................................................................................................... 135 - 137 10. Resolution Certifying Proposed Tax Levy Requirements for 2011 to the County of Anoka.............................................................................................................. 138 - 139 11. Resolution Adopting the Proposed Budget for the Fiscal Year 2011 .................................................................................. 140 - 142 12. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act (Calendar Years 2011 through 2020) .................................................................................................. 143 - 145 FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2010 PAGE 4 NEW BUSINESS (CONTINUED): 13. Consideration of an Extension for Special Use Permit, SP #09-05 for LAI Midwest for Limited Outdoor Storage on the Property, Generally Located at 7645 Baker Street N.E. (Ward 2) .......................................................................................................... 146 - 148 14. Informal Status Reports .................................................................................. 149 ADJOURN. � � �ff1' 4F FRIDLE7` Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 August 19, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Kreutter Appeal On July 26, following the July 7 Appeal Hearing before the Appeals Commission, Mark and Janet Kreutter of 5916 2"d Street submitted a written request to appeal the decision of the Commission to the City Council. Their code enforcement case involves a 240 square foot tent-like structure in their rear yard that was erected four and one half years ago without obtaining a building permit. Staff has now sent numerous notices to the Kreutters, requesting that the structure be removed, including two 20-day abatement notices. Since the Kreutters have appealed following each notice, staff has not had the structure and its contents removed. According to City Code 128.062, the City CounciPs role in this appeal is to review the decision and fmdings of fact resulting from the July 7t'' hearing before the Appeals Commission. It is important to note that the City Council's role is not to hold another hearing. It is simply to review the materials presented at the hearing and decide if the City Council agrees or disagrees with the Commission's decision. In addition, there is no additional information the Kreutter's could provide at this time that would allow the Building Official to issue a permit for this existing structure. Even if the Kreutter's were able to provide design drawings with a professional engineer's signature, the structure is not architecturally compatible with the principal structure, which is a zoning code requirement. If the City Council upholds the Appeals Commission decision, declaring the exterior public nuisance exists, the City shall abate the public nuisance 20 days following Council's final determination, unless the property owner obtains a court order to the contrary within said 20 days. That day would be September 13 if the Kreutters are notified the day following the Council's review. A printed copy of staff's presentation at the July 7 hearing, e�ibits presented by the Kreutters, minutes of the hearing, Findings of Fact, and the latest abatement letter and abatement code are attached for your review at the August 23 Council meeting. 3. Consideration of a Request for a Hearing by Owner, Generally Located at 5916 — Second Street. MOTION by Commissioner Brown to open the public hearing. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING WAS OPENED AT 7:39 P.M. OATH The City Attorney, Fritz Knaak, explained that anyone desiring to speak at this hearing must take an oath, as they would in any court proceeding. Mr. Knaak administered the oath to several individuals simultaneously prior to any testimony. Julie Jones, Planning Manager, stated this Appeals Hearing is regarding a case involving property owned by Mark and 7anet Kreutter and an unpermitted temporary structure. In March of this year she was completing follow-up inspection on a different abatement case in the 5900 block of Second Street. She noticed the temporary structure in the rear yard of 5916 Second Street from the alley that she was driving through while inspecting the other property. Ms. Jones stated this case is similar to others cases the City has sent code enforcement notices on for removal of structures. On March 24 she sent a letter to the owners of 5916 Second Street, Mark and Janet Kreutter, informing them the temporary structure did not meet building code requirements. The structure in question is a tent-like structure made up of a tarp-like material over a frame. The size of the structure is unknown, but it is suspected to be around 120-square feet. Ms. Jones presented photos of the structure she took on June 3. Ms. Jones stated the Kreutters were given 15 days to remove the structure which is the City's customary timeline for this type of violation which gave them a deadline of April 8. On April 9 Ms. Jones reinspected the property, and the structure was still in place. As is common procedure, she sent a second letter to the property owners which gave them another 5 days to remove the structure. That new deadline for removal was April 14. Upon April 14 reinspection it appeared to her that Mr. Kreutter was removing materials from the shed. Therefore, Ms. Jones gave them more time, hoping they were removing materials and intended to remove the structure. However, on April 23 the structure still remained. Ms. Jones sent an abatement letter to the Kreutters. At this time in a code enforcement case, the City has the option of either issuing a citation or doing an abatement. In something like this where the City can physically remove the violation, typically an abatement is done which gives the property owner another 20 days to remove the structure. This gave the property owners a new deadline of May 13 before the City would come in and remove the violation at the owners' expense. Ms. Jones stated on May 7, however, the Kreutters sent a letter to Mr. Hickok requesting an appeal hearing which is their right through Chapter 128. Staff scheduled a hearing for June 2, the next available Appeals Commission meeting date; however, because of a wedding in their 1 family the Kreutters asked that the hearing be delayed until the July Appeals Commission meeting. Ms. Jones stated the Minnesota State Building Code is adopted by reference as the Building Code for the City of Fridley. This is Chapter 206 of the Fridley City Code, but it refers back to several chapters in the State Building Code. For instance, Chapter 1300.0120, Subd. 4, of the Minnesota State Building Code, addresses permitting requirements and states that buildings of one story, accessory structure type, such as a storage shed that is under 120-square feet in size do not require a building permit. However, it must still meet Building Code requirements. Chapter 1300.0190, entitled "Temporary Structures and Uses" states that, "the building official may issue a permit for a temporary structure, but the permit will be for no more than 180 days." The section goes on to state the temporary structure shall conform to the structural strength, fire safety, means egress, accessibility, light, ventilation, and sanitary requirements of the Code necessary to ensure public health, safety, and general welfare. Ms. Jones stated Chapter 1303.1700 of the Building Code states that snow load requirements for Anoka County are 50 pounds per square foot. That is one of those requirements referred to in the previous section. In Chapter 1309, under the climate and geographic design criteria, it states that structures must be designed to withstand wind speeds of 90 mph. Ms. Jones stated Mr. Kreutter indicated in his May 7 letter to the City that the temporary structure had been there for four and one-half years. Therefore, City staff cannot consider this structure to be a temporary structure by definition. Even if the structure is not temporary, though, it still must meet the wind and snow load requirements of the Building Code. Ms. Jones stated the Kreutters have not provided proof to staff that the structure is engineered to meet the State's wind and snow load requirements. To staff's knowledge the structure does not have the proper design required to meet the State Building Code requirements. Ms. Jones stated since 2008 staff has required the removal of at least 10 such temporary structures. About 6 additional cases are currently active and in various stages of completion. That high number is because of the fact that the City is doing systematic code enforcement currently in the City and are finding a lot of structures that have been there for a while. Ms. Jones stated City staff actually created a video in the fall of 2006 warning residents that these types of structures were not allowed by Code. She has a copy of the video to show them now. It is segment of a program called, "The Community Development Journal" that they complete in their department quarterly and airs on cable television repeatedly. They have a segment in that program that they started a number of years ago called "Ask the Inspector." In this segment she is asking the Building Inspector for the City of Fridley some questions about the use of certain materials and how do you know they really do meet Building Code requirements and it then leads to a discussion about these types of structures. She wanted to show the Commission this clip as evidence that the City has been working on this for some time. The five-minute long video was then played. 2 Ms. Jones stated staff's Findings of Fact are that the structure ordered for removal meets the definition of a temporary structure. The temporary structure in question does not meet wind or snow loads as defined in the State Building Code. Staff has consistently required temporary structures like the one in question removed when they are discovered by staf£ The property owners in this case were properly notified of the Code violation by staff according to the Planning staff common practices and procedures established in Chapter 128, Abatement of Exterior Public Nuisances. It has now been 103 days since the property owners were notified to remove the structure in question. The structure in question does not meet the definition of a permanent structure as it does not meet State Building Code requirements. The structure in question has not been permitted by a building permit although structures under 120 square feet do not require a building permit. Ms. Jones stated the procedures in this case as is written in Chapter 128 require the Appeals Commission within 10 days of this hearing to affirm, repeal, or modify staff's order to the owners. The Commission's findings of this hearing shall be accompanied by written Findings of Fact. If the owners disagree with the Commission's decision, they may appeal to the City Council within 20 days. Ms. Jones stated staff recommends that the Commission approve the written findings this evening immediately following the hearing, including Findings of Fact. Staff has drafted a written summary that will help them in that process for their review following their deliberations off camera later. The property owners may stay to receive the written decision immediately or if they choose the written findings can be mailed to them tomorrow. Chairperson Sielaff asked is the issue here that there is a provision if the owners can demonstrate they meet these criteria by some way or is it the lack of the property owners demonstrating they can meet that criteria? Is that what is really the issue here? Do they have the option to demonstrate it. He does not know how they would do that. Ron Julkowski, City Building Inspector, replied, typically they always ask for engineering. Sometimes the temporary structures or tent-like structures are for commercial purposes. He has not seen a residential one that meets code yet. The City's commercial ones do have an engineer's signature. They have the wind loads, snow loads; they all have proper footings, ties, and attachments. Everything is part of a plan. As to residential ones they see, he has yet to see one that meets the State Building Code requirements. However, you can still get a private engineer to approve and give the City the tie-down recommendations, plans, signature. They will accept that. Commissioner Jones asked, but then is it a still a temporary structure or a permanent structure? Mr. Julkowski replied, that would become a permanent structure. Commissioner Jones asked if it were above 120-square feet it would require a permit, correct? Mr. Julkowski replied, it would. The square footage is only the exception for a required building permit. If it is under 120-square feet it is still has to meet Building Code but does not 3 require a building permit. If it is over 120-square feet it would need building permit inspection but still have to meet State Building Code requirements. Commissioner Jones stated it still has to meet State Building Code requirements irregardless. Mr. Julkowski replied, correct. Commissioner Brown stated a temporary permit issued is about the time that it is erected. As far as the 180 days or less, it is considered temporary. Mr. Julkowski replied, correct. Typically your tents for events or sales, promotions. Those are handled through the Fire Code. The City will limit the days, it is not 180 days, it might be for 3 days. That is handled under a Fire Department permit because of the flame spread ratings on the fabric. The anchor, the exiting, whatever else is going to be in there. However, the private residential ones, they have to issue a temporary permit and would not do it. Commissioner Anderson stated the biggest issue by his understanding is City staff wants the wind and snow load requirements are the meat of the issue? Mr. Julkowski stated basically those two are the most important ones. Commissioner Anderson asked whether the City has any empirical data suggesting that these types of structures will not perform in those conditions or it is just subjective? Mr. Julkowski replied, none. Because there are so many different kinds of products with different manufacturers. Most products in the building industry now are listed or tested. You cannot allow even a piece of siding that is not listed. Building wrap is tested, it has the stamps on it, it has the ASTM or ICC, the NER numbers. Every building product, every stud, is stamped so they know it has been graded. Basically every building product is tested for approval for its use. Chairperson Sielaff asked whether the burden of the proof is with the petitioners in this case, correct? Mr. Julkowski replied, correct. Chairperson Sielaff asked, it is up to them to demonstrate they can meet these criteria? Mr. Julkowski replied, correct. Most manufacturers will provide this stuff. Like the City's commercial units - such as our salt shed. That is a good example. That is engineered. It meets all Minnesota State Building Code requirements. Janet Kreutter, petitioner, asked who Mr. Julkowski was. Mr. Julkowski apologized, stating he was the City Building Official. 0 Jim Cyson, neighbor of the petitioners, stated he was brought into this a couple of months ago, and he became very interested in what was happening with the City. He asked if he could help gather information. Things led to the fact that he is going to present the first phase of the appeals process. He has a number of handouts. Commissioner Jones asked Mr. Cyson to explain what evidence he has. Attorney Knaak suggested the items be numbered individually as exhibits. THE FOLLOWING EXHIBITS WERE RECEIVED DURING THE HEARING: Exhibit 1-8 — Eight numbered photos (subject structure and City salt shed) with a summary Exhibit 9— Snow load information Exhibit 10 — Petition Exhibit 11 — Wind speed and shingle information Exhibit 12 — Shingle store ads Exhibit 13 — Shingle warranty Exhibit 14 — Wind speed records Exhibit 15 - Minn. Stat. Building Code R106.1 Exhibit 16 — Structure specifications Exhibit 17 — May 7, 20101etter Mr. Cyson described the individual photos presented as Exhibit 1. He stated questions were raised as to snow load and wind resistance. Some of the information that was presented to the Commission here today appears incorrect. He has the snow load rules that are put forth in Minnesota. They are actually far different than what the Commission was told today. Chairperson Sielaff asked Mr. Cyson to show them the most appropriate snow load and wind resistance numbers and where he got them. Mark Kreutter, petitioner, stated there was an article in the paper; and they were fortunate enough to be contacted by another city building inspector who gave them information. He did not know if the Commission had seen this yet or put it into exhibit yet. He presented a document entitled, "Snow Load, Minnesota State Building Code Rules 1303.1700, Table R, 3012(1)" [Exhibit No. 9]. When he called the City Building Inspector, he gave him the information that they had to meet a 50-pound snow load on the roo£ The Inspector did not make it clear, as it says in the Building Code, 50 ground snow pressure per pounds per square foot which it clearly said on the document he was presenting. And the multiplier for that states, `Below line the multiplier is .7 x 50 pounds per square foot of ground snow load equals 35 pounds per square foot per snow load on the roof. " Chairperson Sielaff asked there is a distinction between ground snow load and snow load? Mr. Kreutter replied, yes there is. Chairperson Sielaff stated and roof. 5 Mr. Kreutter replied, yes, there is. That was one piece of information that was not addressed correctly in his opinion. As they can clearly see it is a printout from the internet. He thinks that pretty much addresses the snow load and the structure is designed, as is the City shed, not to keep the snow load on there. Any snow accumulation will roll or slough off. Chairperson Sielaff asked if this is the Code as it is right now? Mr. Kreutter as per Minnesota State Building Code rules. Chairperson Sielaff stated he was wondering if perhaps there have been changes with it. Mr. Kreutter stated he printed it out about a week ago. He does not know how quick they can change things, but he assumes they have not changed. Commissioner Jones asked the petitioner if he had evidence this structure meets that snow load? Mr. Kreutter replied it has been up for, and he can show them the receipt, four and one-half years. He has records of snow load and wind load since the structure was put up. This was on Wednesday, November 9, 2005. Commissioner Jones asked what do the product specifications say? Mr. Kreutter replied, to tell them the truth, he does not know if there is one in the specifications. It is a building they purchased at Menards. Since they purchased it at a local store, they just assumed that it was going to meet Code. He does not think anybody is making these out of their basement and selling them, because he does not think the stores would really approve of that. They just assumed since it was sold at a local store, quick to set up, quick, to tear down, met their purposes, does what it has to do, they put it up. Commissioner Anderson asked Mr. Kreutter regarding his statement that City staff had given them the incorrect snow load information. Mr. Kreutter stated, correct. Commissioner Anderson asked him whether they contacted staff prior to installing this or was this more recently? Mr. Kreutter replied, this was more recently. Chairperson Sielaff asked the petitioner whether he was saying the structure meets even, assuming it is 7/lOtns of 50 PSI, he is saying the structure meets that load criteria? Mr. Kreutter asked Chairperson Sielaff if he thinks we had enough snow to meet that 35 pounds per square foot snow load? � Commissioner Brown replied they are not there to act as engineers. They are there to hear the evidence. Mr. Kreutter replied, well, neither is he. Commissioner Brown asked what Exhibit No. 10 is. Mr. Kreutter replied, it had to do with calculating the wind resistance and the different shingling and roofing options that do not meet the 90 mph wind speed load. It is basically how to calculate the wind resistance. You need a computer program to do that as he was told by the other city building inspector. If anybody wants to work through it he would be happy to give it to the Commission if that person could tell anybody, including himself, how this is figured. It is an extremely complicated formula. There are different tables and equations, and categories which have to do with height above. From what he understands and was told by the other building inspector, the 90 mph wind load is a starting number. In other words, if you have a building in a field that has to meet the 90 mph load. If you have a building that is located in an urban area, the numbers are different. If you have a building located in an urban area, heavily forested by trees, bushes, antennas, etc., that significantly cuts down the 90 mph wind load because of the resistance of the trees, the buildings, and anything else. Chairperson Sielaff stated he was not real clear what he had. He has a calculation that determines how to do the wind calculation? Mr. Kreutter replied, correct. Chairperson Sielaff asked where did that come from? Mr. Kreutter replied, that came from the internet as well. He referred to the bottom, stating calculating wind resistance. It is calculating wind resistance by a guy who does this as his occupation. Chairperson Sielaff referred to the exhibit and asked about it showing there are different wind resistances, urban vs. rural areas, is that correct? Mr. Kreutter replied, correct. There are different categories. There are ground level, increments of like 5 feet, 0-15, that is a Category A and that is a multiplier of 0.12(b) and then to find out if these a, b, c, or d's apply, then you have to go back to another page and find out which category. Commissioner Jones asked if those tables feed into the equation? Mr. Kreutter replied, yes. Commissioner Jones stated they use those tables to fill in the equation. If you said, needs to meet a 90 mph wind, then you would use those different items, but if the criteria were still a 90 mph wind load, it would still have to be a 90 mph wind load. 7 Mr. Kreutter stated, no, it starts at 90 mph wind load. What that means is if your building is in an open area, it has to withstand a 90 mph wind gust for 3 seconds. If you are in anything other than in an open field, then you have these multipliers based on a, b, c, d. In other words, if you are in an area that is heavily wooded, then it is a multiplier of "this" times a wind force, velocity pressure, exposure co-efficient, an importance factor, basic wind speed, gust response factor, floor co-efficient, area structure, components, etc. How much do you want to read into this until you say, "enough." That is his understanding of it. Commissioner Anderson asked the petitioner whether he has calculated the wind load his structure can take? Mr. Kreutter replied, he has not because it is such a complicated formula that it is generally best to have an engineer plug that information into a computer program and out pops a number. Commissioner Brown asked regarding Exhibit 10 it appears to be from a website. He asked for the name of the website. Mr. Kreutter replied, it is "4.globalspec.comthread 24760calculatingwindresistance." Commissioner Brown asked from what he has printed out is the website printed at the top or the bottom of the page? Mr. Kreutter replied, it is printed at the bottom of the page. Chairperson Sielaff asked regarding Exhibit No. 9, as he understands, the petitioner wanted to make a case that his specific structure does meet the snow load requirement, is that correct? Mr. Kreutter replied, correct. Chairperson Sielaff asked the petitioner if he had any exhibit beyond No.10? Mr. Kreutter discussed Exhibit No. 11. He stated it had to do specifically with wind speed. It is an independent survey and unfortunately he did not have the name of it. It shows different manufacturers of shingles. It shows warranty duration, the wind speed criteria, and the wind warranty duration. As they will notice there are quite a few shingles on the market that are under that 90 mph wind speed. For example, an Owens conventional three tab, 20-25 year, is 60 mph, and the wind warranty duration is 5 years. This brings up an interesting point, if he gets a shingle blown through his building and that shingle causes his building to disintegrate because it is a tarp-like structure, and his building is there and so there is no other damage, who is responsible? There are two standards here. From what they were told from the City, they have to have 90 mph wind gust protection, or up to that, for 3 seconds. But yet we are allowing 60 mph shingles to be put on the houses. If they do not believe those are sold. He provided an ad from he believed Home Depot which clearly states on there 60 mph wind warranty right next to 70 mph wind warranty. Do they go through the calculations and say, huh, you know what, we brought this calculation through our engineers, we have determined that 60 mph is good enough, we don't have to meet the 90 mph criteria. Commissioner Anderson asked if he knew how they define a wind event. It was referenced a burst of up to 3 seconds at 90 mph. He asked Mr. Kreutter if he knew how they define that for their warranty purposes? Mr. Kreutter replied he assumes the roofing manufacturer had made up their own rules. He read from the exhibit, "moreover since the manufacturers limit these wind performance are guaranteed only the first few years of a residential roof's probability life span, we can conclude that these roofs become even less resilient to wind as they age. Indeed, we see it all too frequently asphalt shingle roofs that fail from wind speeds well bellow 60 mph. In reality not only on most asphalt shingles not manufactured to resist winds that buildings should be designed against, but after the first few years of weathering, many asphalt shingles may approach only half of the wind resistance that Code and design standards require buildings to resist without damage." Mr. Kreutter stated, you tell me. Are the manufacturers running the Building Code. Or is the Building Code telling the manufacturers, we are not going to accept 60, we are not going to accept 70, we are going to accept 90 or more. Period. Who is running this? Commissioner Brown asked the petitioner whether he would like to submit this as a piece of evidence in his case? Mr. Kreutter replied, yes, he would. Attorney Knaak marked it as Exhibit No. 11. Mr. Kreutter also included advertisements for Menards, Home Depot, locally, where you can go and get shingles at 60-70 mph. Attorney Knaak marked them collectively as Exhibit No. 12. Mr. Kreutter stated he would also like to submit with that an actual copy of the warranty from a shingle manufacturer. On there it clearly states the 60, 70, 80 mph substandard. Chairperson Sielaff stated put it all in as the same exhibit. Attorney Knaak marked the warranty on shingles as Exhibit No. 13 as it was distinctive. Commissioner Brown asked Mr. Kreutter to make clear to them his feelings about how information pertaining to shingles makes the case for his building which has no shingles. Mr. Kreutter stated all the houses in his area have shingles. If he is going to be held up to the 90 mph wind load. He does not see why shingles should not also be held up to that. If a shingle flies off somebody's house, for instance, at 60 mph, and his building is still standing, and the � shingle rolls in one end and out the other, then what have we done? We told the shingle manufacturer, yes, okay, you can go ahead and make shingles that are substandard to the 90 mph. Other structures though you have to maintain them to that calculation. It is just a double standard. If it is under the Building Code, he does not see why shingles can be less important than a temporary structure or whatever they want to call it. He guessed his point is are we more concerned about a 60 mph shingle flying or a building, or a piece of fabric, flying around. If we are not going to have the rules for everybody to follow, then why do we follow them. Chairperson Sielaff asked Mr. Kreutter whether he had any more information? Mr. Kreutter showed documentation displaying the strongest winds we have had since the building was up was on Wednesday, November 9, 2005. He had a receipt clearly stating the date of purchase of the structure was 10/17/O5. On the document it states in Hennepin/Minneapolis, 49 mph peak winds at 4 o'clock The record highest wind speed being sustained for the State is 110 mph on August 20, 1904, in St. Paul. The highest wind gust is 180 mph on the same date in St. Paul. It seems like if you talk to FEMA or anybody else, we are always talking about the 100-year weather pattern so that is why he is bringing this up. Are we closer to having another 110 mph wind, are we further away, God only knows that. Attorney Knaak marked the item as Exhibit No. 14. Chairperson Sielaff asked the petitioner if there is anything else? Mr. Kreutter stated regarding the right of entry, Minnesota State Building Code R104.6, Right of Entry, he and his wife never answered the door to a City employee, let them go inspect the flooring, the foundation, the structure itself. Had somebody knocked on their door, they would have been more than willing to show them. He thinks Mr. Cyson can go into detail about the flooring and the little twistees they put in the ground to keep the thing from flying away. There is also another reference, Minn. Stat. Building Code R106.1, Submittal of Documents. It has to do with nature of the work does not have to be in compliance with the Code. Although it is handwritten, it is in there, feel free to look it up. Basically his interpretation of it, maybe they can tell him what is wrong, but if they come in and look at his structure, and he gives them permission, and they say, yah, you know it has to have a two-inch concrete base and has to be foundation dug 8-inches around. You know you are close. You have timbers down there. You have rebar some 3 feet into the ground. You have tongue and groove green-treated 3/4-inch plywood on top. I think you're pretty close. Now this rule, 106.1, gives the Building Inspector the permission and the right to say, yes, you are close enough. You'll pass. If somebody had taken the time, knocked on the door, asked to see what was going on, we probably would not be here. Chairperson Sielaff asked the petitioner whether he is generally saying the Inspector has the authority to make sure it meets the criteria by some other way of construction? Mr. Kreutter replied, correct. It is like getting a speeding ticket, if a police officer is having a bad day and you are going 5 miles and over the limit, at his discretion, he could be having a bad day and you are going to pay. Or you run into a good one, and he has a really good day going, 10 he says, sir, just slow it down, you have not had a ticket in eight years, have a good day, and you continue on your way. According to this, they do have the discretion to say, you know what, you are close enough, I think this will work. Chairperson Sielaff asked Mr. Kreutter if he wanted to enter that code section as an exhibit? Mr. Kreutter replied, yes, he does. Attorney Knaak marked the document as Exhibit No. 15. Commissioner Anderson asked Mr. Kreutter what makes the structure more than a temporary structure, regarding some of the foundation stuff he was talking about. This would probably be the time he would go into whatever detail he would like for them to understand why he feels it is more than a temporary structure. Mr. Kreutter replied, right. He could go into that, and he will, it would have been just a lot easier if they would have come up, knocked on the door, and said let's see what you got. What they did is they put these green treated timbers down. They are about 3/4 —inches thick by about 4'/z inches wide. Those are put on he thinks they are 24-inch centers. Then what he did is every 2 feet he drilled holes and put in No. 5 rebar for about 2'/z to 3 feet, and those are spaced every 2 feet on every timber. In addition to that there are also the dog leash ground screws. There are six of those, three on each side. On top of that there are 3/4-inch green treated tongue and groove plywood flooring on top of that. If this thing blows away, he does not know if they will pass or be behind them, but they will be blowing by one another. Commissioner Anderson asked, is it attached to the garage? Mr. Kreutter replied, there is no access from the garage to the structure. As shown in the pictures, there is a zipper going down the middle, a black line. That is the zipper which is the access to go in and out. It is not physically attached to the building in any way. Commissioner Anderson asked ,so the zipper is on the side of or on the end of the structure? Mr. Kreutter stated actually there are three of them, one in the center, and one on each side. Ms. Jones asked Mr. Kreutter if he knew the dimensions of the structure? Mr. Kreutter replied, he sure does. He has the literature that will explain that. This could be another exhibit. It is 12-feet wide, 20-feet long, and 10-feet tall. Attorney Knaak marked the document as Exhibit No. 16. Mr. Cyson stated he would like to explain how the petition in the Hyde Park area came about. They went to everyone in the Hyde Park community who would potentially see the temporary structure that Mark and Janet put up. He, along with another neighbor, went through the entire area. Every person they approached signed off, citing no problem with the temporary structure. 11 They chose not to add a lot of names because that was meaningless. Why would someone two blocks away be okay with the temporary structure? The only person they asked for their signatures were people who could conceivably see the temporary structure every single day Chairperson Sielaff offered staff time for rebuttal. Ms. Jones stated regarding the comments on the petition, in staff's opinion the petition is irrelevant. The question here is whether staff has interpreted the Code correctly. Whether people are not bothered by the structure being there is not part of what this case is about. This case is about whether staff has interpreted the Code correctly and have followed the abatement procedures correctly in this case. Ms. Jones stated she did not bring it up herself, because she did not feel it was relevant to this case but, just so they are aware, she did receive an anonymous call from a resident who did not identify themselves nor identify where exactly they lived in relation to the Kreutters. However, they were aware of the structure and aware of it being in the news and voiced their interest in having the structure removed and voiced their opinion that there were other people in the neighborhood who felt the same way but were scared to come forward. She does not feel this is relevant but since the petitioner brought it up, she will. Ms. Jones stated again the burden falls on the petitioner in this case. They commented that no one ever came and knocked on their door and asked to see the structure. The burden is on the property owner in this case. When the City sends the letters, staff plainly puts their name and direct line phone number in the letter. If people have questions or concerns or want to debate the issue, the City asks them to call. That did not occur in this case. She wished it had. They always want to discuss these cases with people early on and try and come up with a solution. Ms. Jones stated also the petitioners commented about the view of the structure from the street and the alley. She wanted to remind them the alley by law is considered a public right-of-way. Again, not relevant to this case and whether it is viewable from a public right-of-way or not. Ms. Jones stated the fact that the structure is 240 square feet in size. It is clearly would require a building permit. Ms. Jones stated no one has asked the petitioners what is being stored in the shed. Staff has concerns about that. The picture that was in the Star Tribune clearly showed some metal shelving inside the structure. When she saw the doors open during one of her inspections, it appeared to her to be some sort of furniture being moved in and out of the structure. It was stated in the newspaper article that Mr. Kreutter is a millworker by trade. The City often has problems with structures of this nature being related to illegal home occupation. The City has not written that up as a violation in this case, but it is something staff would watch for in a case like this. Commissioner Brown asked Ms. Jones to define what she means by "illegal home occupation." 12 Ms. Jones replied, there are certain home occupations that are allowed by Code and if someone was doing millworking in a structure like this, you cannot have a home occupation occurring in an accessory structure on their property. If it is a hobby that is one thing. Mr. Julkowski stated regarding Building Code issues and the wind load there are different exposures. The salt shed if he remembered right is Exposure C. Urban area, they do not have a wide body of water, open field, of course, that is up to the design engineer. The salt shed was designed. Any structure other than a wood frame building that is covered by the Building Code is typically engineered. Foundation, the tie downs, the material, the pipe size, you name it, that is engineered. Snow loads is covered in the Building Code, too, there is also drift loads, if there is a building adjacent or a higher wall there is a drift load factor. It might be more than 50 pounds per square foot. Basic 42 pounds or 39 whatever it was, that is a starting point. Mr. Julkowski stated regarding the roofing, Building Code is made up of a lot of chapters; Structural, it has a roofing section. That is a chapter of its own. He is not going to quote anything about wind speeds or what the roofing chapter says. That is covered by the Building Code, a different section, just like, for example, safety, egress, exiting. That is a different chapter. Basically structure, wind load, that is state amended, it is also in the Building Code. Snow load, there are calculations, the design engineer calculates all of this before they submit plans. The best way he can tell them in a steel frame structure, storage shed, berlin building, that is all engineered. It is all designed because it is not a conventional framed building. If you have a conventional framed building, residential house, you still have sheer walls. You have to meet the wind load from different angles so they have sheer walls. Believe it or not an overhead garage door does have to meet a 90 mph wind load. That is stamped on the door now. They do check that. Windows are included in that. It is not that simple to point out that you have a 40- pound snow load and you have a 50-pound ground. There are other factors. Wind speed. Yes, if it is sheltered by buildings it might not be an Exposure a, b, or c. However, that is calculated by design engineers. That is why if the petitioners come in for a permit or a permit is required, the City is going to ask for that information. The City will not issue a permit until it is satisfied that it does meet the Building Code, and that will be through a signed engineered stamp from Minnesota stating this building meets it. You are typically going to have an importance factor over design so they do not have a failure in the structure or whatever. The Building Code is complicated. It covers a lot. Another good example are decks. The railings are supposed to meet a 200-pound lateral load. Yes, they look at it and use discretion. They lean up against it. However, when it comes to a structure like the petitioners have, that is an engineered structure in his mind. Not a conventional built building so they would ask for an engineer. Chairperson Sielaff asked regarding the City's salt shed, it has been constructed to known criteria? Mr. Julkowski replied, yes, they have a signed set of plans, documents. Chairperson Sielaff asked is it just the fact that an engineer signs off on it or does the engineer have to use certain material to meet that criteria? 13 Mr. Julkowski replied, in their document they are going to have the wind load, exposure, the snow loads, ground snow loads, drift loads, whatever. If you look at the salt shed on the west side of the building there are two vents, those are in case you get a wind from the east or even from the west. Those flaps will open up and let the air pass through it. That is design engineered. The shed has a concrete foundation with huge anchor bolts holding down that bottom rail. There are quite a bit of things that the engineer puts in that keep that building where it is. Cummings test generator out in their yard also has a canvass structure that is engineered, which is also on a foundation and tied down. It meets the snow and the wind loads, engineered, documents, the whole ball of wax. That is part of the Building Code, too. The City can ask for basically any document we want before we can issue a permit. Chairperson Anderson stated that structure is a permanent structure, too. Mr. Julkowski replied, a permitted structure. Commissioner Anderson asked but is the salt shed a"permanent" structure as well? Mr. Julkowski replied, it is. Chairperson Sielaff stated the materials are all rated and the design engineer makes the determination it meets the criteria. Mr. Julkowski replied, yes. Commissioner Anderson stated Building Codes he is guessing can vary from city to city? Mr. Julkowski replied, no. The City has to adopt the State Building Code. It is required by law. Commissioner Anderson asked whether the City has to adopt it as exactly as it is stated? Mr. Julkowski replied, yes, we have to enforce it as it is written. We cannot change anything. Chairperson Sielaff offered the Kreutters an opportunity for rebuttal. Mr. Cyson stated his only comment is that he did speak to Mr. Hickok. He brought his concerns to Mr. Hickok about all the problems of calling the temporary structure a public nuisance. He is sure Mr. Hickok spoke to Ms. Jones about him. Ms. Jones commented to Mr. Cyson that they spoke as well. Mr. Cyson stated, yes, he spoke with Ms. Jones. He is not sure who Ms. Jones thought should call her, but he felt very comfortable calling Mr. Hickok and Ms. Jones. In fact that is why he is here today. Chairperson Sielaff stated he was not understanding what Mr. Cyson's point is. 14 Mr. Cyson stated Ms. Jones stated she would have loved to have spoken with somebody but nobody contacted her. He did speak with her and even with Mr. Hickok. Scott Hickok, Community Development Director, stated he did speak with Mr. Cyson after the abatement letter went out. Just at that time when the abatement instructions were out there and either they were given 20 days to remove it or to appeal. It was during that time where the petitioners were to contact him to start the appeal process. At no time in the beginning when a permit would have been required or discussion about the design or engineering aspects of this proj ect, was he notified. Just to make it clear it was at this end of the process when an abatement was about to happen if they did not either clean up the project and take it down themselves or make an appeal for a hearing which they had done. Mr. Kreutter offered into evidence the May 7, 2010, appeals letter they sent to Mr. Hickok and the City of Fridley. Attorney Knaak marked the letter as Exhibit No. 17. Mr. Kreutter stated he did call Ms. Jones. In fact he called her on April 12, 2010. He did make notes on quite a lot of paper. He received no less than five separate letters all at the taxpayers' expense. He called Ms. Jones on April 12 of this year and she said talk to the Building Department at the number listed. He called and left a message for Ron to call him back. He did call him back and said get the manufacturer to get the specifications for 90 mph wind load and 50-pound snow load. That information is in that manual that he submitted earlier. Mr. Kreutter stated as far as the engineering requirements, he is not an engineer. He does not think anyone in this room is an engineer. However, he was informed a short time ago there is an engineer in the rom who also had a similar structure. Mr. Kreutter hopes he will also be part of this appeal process. Because these buildings are for sale, it is public assumption. Anybody goes into a store to buy anything, we assume that it is legally obtainable. He is sure these buildings are made to their engineer's specifications just as the City's was. He has no reason to doubt that. He was asked what they had to do, and he was given the information, he will just say it short, 50/90. According to the calculations of the engineers, he assumes that was correct. The information he showed them, along with the engineer, can probably attest to that. Mr. Kreutter referred to Ms. Jones saying something about open doors. He was more than happy to open his door to her. She did not knock All she had to do is knock That is pretty simple. She has public access up to his front door, but they probably would not be here today if she had done that. More than welcome to come and take a look. Mr. Kreutter stated they are doing some interior remodeling. They do not have a basement. They do not have the storage they need to adequately store materials to do the things they want to do in their home. Unfortunately or fortunately he and his wife both work They like to enjoy their lives. They are not couch potatoes. They do not subscribe to cable as they have a boat on Lake Superior. They enj oy time with their grandkids and family. He does not feel he has to sit in front of a T.V. to see what he can do right and wrong. 15 Mr. Kreutter stated, as far as working out of the home, he wished somebody would have brought that up to Medtronic when they first started in this fine City how many years ago. Can anybody answer that question for him? How long has Medtronic been in the City of Fridley? Not that he is going down that route but, as long as staff brought it up, he will rebuttal that. If you want to put somebody out of work because they are working in their home in this economy, he thinks that is pretty poor government. He does not know if that is a rebuttal or a statement, but they can take it as they want to see it. Chairperson Sielaff asked, so he is addressing illegal occupation? Mr. Kreutter replied, as long as Ms. Jones brought it up, he is addressing it from his heart, his feelings. Mr. Kreutter stated at this point he feels he should sit down and have his friends and neighbor speak if they feel they want to. Also, he is sure the engineer in the audience would like to address some issues since he has gone through the situation. Mr. Kreutter realizes this is government, and he received a letter stating that if he did not tear things down and do the things the City demands of him, he was going to be marked a criminal with a misdemeanor and one- year probation. He asked don't they think he lost sleep about that, along with the engineer in the audience? Don't they think they are upset about getting five to seven letters telling them what they are doing wrong when all it takes is, hello, can I see what is inside your structure and how it is attached to the ground? If you do not have time for that, why do they have a job? Why are they paying the City? It used to be, when they first moved here, there were signs up, and he loved the signs, and he wished they were up today. And it said, "Welcome to Friendly Fridley." Well, he thinks the friendliness is starting to wear out, he thinks they better look more towards our hearts and our heads and figure out just exactly what kind of neighborhood we want to be. Are we going to be a neighborhood or going to be a city that is governed, and he realizes if they lose this here, they can go to the State and appeal. That is their other option. Quite frankly at times he wonders why they are here because it is a State thing, not a City thing, you can say, no, you can go to the State for another six months, we can drag this out, they can say, yes, they can say, no. That is what is great about this country, and we, the people, can stand up and voice our opinions and maybe get some things changed that should be right. Janet Kreutter stated, Ms. Jones said they did not call. She would love to go home and get her tape recorder. She has her message on the phone. Each time she called it was something different they had to do. She listened to the message four or five times. Mr. Kreutter feels that is a threat. She (Ms. Jones) just threatened them. Their neighborhood is very tight. This building is anchored down so hard. She has the recorded message. It was a threat. Chairperson Sielaff stated he would like her to stick to what this Appeals Commission can address. Ms. Kreutter said they did call. The minute they walked in here, he said he would never, ever give a permit for this. Right there he is telling her she does have a shot. Is that fair? No. 16 Don Foreman, resident of Fridley, stated he is not prepared to offer any professional opinion on this case because he is not familiar with it; and he does not care to present any at this time on this because he is not on the agenda. He merely thought that he would note that he would have to support some of the stuff he has heard about the way some of this stuff is done. When they asked questions they had a heck of a time getting any answer other than, no. They got the snow load and the wind stuff and they asked if they would please cite the chapter and verse of the Building Code. He asked may I see the Building Code, may I read it please, no, it is not available. No, I would cite chapter and verse. When he asked about anecdotal stuff, he hears there is no way that any of these structures will withstand either the wind or the snow. That is not true, they have withstood it. Theirs did and his did. That is not a reasonable or open-minded approach. That is a rigid approach. There is no way that the citizens of Fridley are going to be able to get there from here because they have made up their minds already. They are going to cite the Building Code and, if you cannot prove that the thing will meet these standards, then you are out of luck. How the hell are you going to prove it? The commercial structures that are out there, he understands they do not publish specifications, but they are designed because they are manufactured; and a structure like that is not the same as a wooden shingle structure because the pitches are different. If you think about a 35-pound per square foot snow load on a pitch like this, a 35-pound snow load at 1-square foot is about 6 inches of water or ice so for 20 percent density snow, that is 3 feet, there is no way that a column of snow 3 feet deep is going to stay on a slant at 45 degrees on a piece of polyethylene. The co-efficient friction is insufficient and the sure strength of the snow is insufficient. For that reason, and the fact that these things are manufactured devices, and you can go to any of a dozen communities in the Twin Cities area and see lots of them. That tells you that maybe Fridley is a little bit out of step here. Malmborg Nurseries has dozens of them. They are all over the place but only in Fridley are we being just so absolutely rigid about this that you are not going to have these things in Fridley. And that is what they were told on the phone. Finally it came down to, we just do not like tarps in Fridley. And that was the end of that. MOTION by Commissioner Jones to close the hearing. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING WAS CLOSED AT 9:28 P.M. [COMMISSION DELIBERATES] MOTION by Commissioner Jones upholding the determination of City staff that the structure in the rear yard of Mark of Janet Kreutter at 5916 Second Street NE is not permitted by City Code and is an abatable nuisance and that the Commission adopts the written Findings of Fact which the Commission developed during their deliberation. Seconded by Commissioner Brown. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. Chairperson Sielaff asked about the exhibits. 17 Attorney Knaak replied the exhibits are part of the public record. This is an appealable decision and so those exhibits will need to be preserved. There was comment by the petitioners they want the documents back. Janet Kreutter replied, all of them. Attorney Knaak stated that is fine, but the City will need to make copies for the official record which will be attached here. That can be done probably within the next day or two but it would have to involve fairly accurate photocopies of the photographs themselves. That is certainly in the City's capabilities, they can be scanned or whatever. If they have that process there is no problem in releasing them. Normally in a judicial proceeding those exhibits get held onto for as long as a year. It is his opinion that is not necessary in this case as long as you have very accurate copies made. That information if they want it returned can certainly be returned he believed. Janet Kreutter stated she wants all of them and wanted to know when she can have access to them. Attorney Knaak stated he would suggest a couple of days would probably be an appropriate time to get the accurate copies that the City needs and they can have them back. Ms. Kreutter asked so Friday she can have them? Attorney Knaak stated he believed so. He is making a promise here for the staff. Ms. Kreutter stated she does want a promise. Attorney Knaak replied he is looking over at staff, and they are nodding and he is assuming this is doable. Ms. Jones replied, yes. Attorney Knaak asked if there were any other questions? He thought it important people understand that when they are obtaining this, that they have to be notified of the decision. The decision is in fact in writing. Commissioner Jones stated they are promising things here and it is Wednesday night and they have this document that has to be typed and signed, etc. He would feel much more comfortable making a promise for Monday than Friday just because, a promise is a promise but things can happen. He is not sure what an e�tra day will do. Attorney Knaak stated he thinks the petitioners would be entitled, frankly, to the determination in writing of the action by tomorrow; and he suggests that determination should be the Findings of Fact, not just simply notice. He thinks, again, that is something that should be readily taken care of tomorrow. They have all agreed to the contents, and at this point it would be Chairperson Sielaff's duty to sign the document once he has verified that it is accurate. : Chairperson Sielaff stated, yes, they will take care of that tonight. Ms. Kreutter asked when is the ne�t step that she can do? She is not done. Attorney Knaak stated she has an appeal option under, he thinks they have 20 days in which to make that appeal, and it is laid out in the ordinance. Mr. Kreutter asked then who hears the appeal? Attorney Knaak replied, that particular appeal he believes is heard by the Council and then there are options beyond that. We are all about due process. Ms. Kreutter replied, the Council will be getting it next. She is hearing misquotes, lies. But next time she will have the recorder with her so they can all hear it. Respectfully submitted by, Denise M. Johnson Recording Secretary 19 CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 9, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Councilmember Saefke OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Julie Jones, City Planner Kyle Knutson, Planning and Community Development Intern, PRESENTATION: Fridley Royalty. Kyle Knutson - Summer Systematic Code Enforcement Review. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 26, 2010 APPROVED. NEW BUSINESS: 1. Approve Revised Contract for Administrative Services between the City of Fridley and the Metropolitan Council for the Section 8 Housing Assistance Program. William Burns, City Manager, stated Council approved the new contract on June 14. Other cities that also provide these services were not as quick to approve the contract. When they did respond, they asked for a few minor changes. They are acceptable to the City. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 2 APPROVED. 2. Resolution Approving an Amendment to the Contract for Curbside Recycling with Allied Waste Services. William Burns, City Manager, stated while staff considered going to a long-term, single-sort contract for recycling services, they ultimately decided to ask for a one-year extension of our dual-sort recycling contract with Allied Waste. A one-year extension will give the City and the Environmental Quality & Energy Commission the opportunity to complete a study of garbage collection methods before getting tied into what is very likely to be a 5 to 7 year single-sort recycling contract. The single-sort contracts are long in order to cover the costs the contractor incurs buying the containers. Dr. Burns said the new contract would extend the City's existing service with Allied Waste from April 1, 2011, to March 31, 2012. Under the terms of the contract, the City's rates would be increased by 3 percent. The revenue sharing split would remain in place but, instead of a 50/50 split, the City would receive 40 percent of the revenues of the recyclable items. This will generate between $12,000 and $45,000 per year for our drop-off programs, depending on market conditions for those items. Staff discussed the extension with the City Attorney who believes that, under the circumstances, the one-year extension is legally justifiable. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution in Support of an Application to Conduct Off-Site Gambling by the Lions Club of Fridley at Community Park from August 20-22. Dr. Burns stated the permit would allow the Fridley Lions Club to conduct a raffle and sell pull tabs at Community Park during a softball tournament the weekend of August 20 through 22, 2010. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-46. 4. Claims (147095 — 147284). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 3 6. Estimates APPROVED THE FOLLOWING ESTIMATES: Valley Paving Inc. 8800 — 13th Avenue East Shakopee, MN 55379 2010 Street Rehabilitation Proj ect No. ST2010-01 Estimate No. 2 .................. Northwest Asphalt 1451 Stagecoach Road Shakopee, MN 55379 2010 Street Rehabilitation Proj ect No. ST2010-01 Estimate No. 3 .................. APPROVAL OF PROPOSED CONSENT AGENDA: $247,432.58 $179,787.67 Councilmember Bolkcom asked that Item Nos. 2 and 4 be removed. MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. PUBLIC HEARINGS: 7. Consideration of a Text Amendment Request, TA#10-01, by Voigt's School Bus Service, Inc., to Allow Parking of Fleet Vehicles in the M-1, Light Industrial, and the M-2, Heavy Industrial Zoning Districts, Generally Located at 7600 Central Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 4 MOTION by Councilmember Varichak to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:58 P.M. Julie Jones, Planning Manager, stated petitioner is seeking a text amendment to add language to the M-1, Light Industrial, and the M-2, Heavy Industrial districts that would allow parking of fleet vehicles as an accessory to the principal use on a lot, provided specific code requirements can be met. Ms. Jones stated Voigt Bus Service, which is currently located at 1240 Osborne Road, is in the process of purchasing the property at 7600 Central Avenue Anderson Trucking. It is the petitioner's desire to expand their business onto the subject property. The petitioner plans to store small buses of approximately 12,000 pounds on the subject property. The storage of the vehicles will be in the side and rear yard of the lot, alongside or behind the existing building. The petitioner initiated the proposed text amendment. Ms. Jones stated the City does not allow parking of fleet vehicles and in most instances, it would consider the parking of these vehicles "outdoor storage" and would require the business to get a special use permit. Over the last several years, staff has been approached by businesses wanting to move into Fridley that have the need to park their fleet vehicles overnight. Staff has also come across businesses that are already in operation in Fridley and have some type of parking of fleet vehicles that are used during the day and parked on site at night. Ms. Jones said many of the industrial spaces that exist within the City may attract tenants who have the need to park fleet vehicles overnight. As long as certain conditions can be met, staff has determined these types of uses should not be discouraged. Ms. Jones stated when Voigt Bus Service approached the City about purchasing the Anderson Trucking site to expand their operation, staff started evaluating how reasonable this type of accessory use would be for all of our industrial properties located in the M-1 and M-2 zoning districts. Ms. Jones stated staff has drafted an ordinance allowing the parking of fleet vehicles related to the principal use (or business) on site as an accessory use, provided the following conditions can be met: ((1)) Vehicles shall be licensed and street operable. Ensuring that vehicles are currently licensed and operable eliminates the opportunity for junk vehicles to be stored on site. This in turn, will also prevent fZeet vehicles from becoming an outdoor storage issue. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 5 ((2)) Vehicles shall be parked on an approved hard surface. City Code requires vehicles to be parked on an approved hard surface, such as concrete or asphalt, so this condition is just restating the requirement. ((3)) Vehicles shall be parked in the side or rear yard only. Requiring the vehicles to be parked in the side or rear yard only will prevent the vehicles from being parked in the front parking lot which is more visible from the public right-of-way. City code requires that all storage be limited to the side or rear yard, so this requirement is expanding off that. ((4)) Vehicles shall be under a gross vehicle weight of 26, OOO lbs. The petitioner provided staff with weights of typical buses used for their business. Based on information provided, a typical school bus weights 26, 000 lbs. Though the petitioner plans to store small buses on the subject property which weigh approximately 12, 000 lbs, staff determined that the maximum size vehicle we would think is reasonable to be included in the ` fZeet vehicle " category should weigh under 26, 000 lbs. Any vehicle larger would be more appropriately parked or stored in an M-3, Outdoor Intensive, Heavy Industrial zoning district. ((5)) The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. City staff wants to ensure that parking demands for the existing uses within the building are met before additional stalls are dedicated for parking of fZeet vehicles. If a particular business is required to have 20 parking stalls based on the office, manufacturing and storage space within the building, and the business needs to have S stalls for fZeet vehicles, they would be required to have 25 parking stalls on- site. ((6)) The parking area shall be properly lit, with shielded and downcast lighting and properly secured. For security reasons it is important to have the area where fZeet vehicles are parked lit and secured. Securing the area could be through the use of fencing, cameras, alarm system, etc. Ms. Jones stated staff has determined the conditions placed on the accessory use are necessary to meet the purpose and intent of the zoning ordinance. Off-street parking is considered an accessory use, as is off-street loading facilities and business signs for uses permitted. Staff would consider the parking of fleet vehicles an extension of the off-street parking accessory use as long as the conditions the City laid out can be met. This type of accessory use would be considered reasonable to be allowed in the M-1 and M-2 zoning districts, without causing disruption to the neighboring properties and uses. Ms. Jones stated staff finds the extension of the Voigt Bus Service business onto the subject property with the parking of fleet vehicles as an accessory use would comply with the conditions set forth in the proposed text amendment. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 6 Ms. Jones stated this re-utilization of the subject property will improve the overall condition of the property, and by approving this text amendment, the City will bring into compliance several other businesses within the City. Ms. Jones stated as a result of this request, petitioner will be required to comply with landscaping requirements for the subj ect property. The site will require the installation of a total of 37 trees. Staff has agreed to allow the petitioner to install 15 trees now with the proposed improvements to the east side of the site. At such time as the proposed grassy area to the west develops, the additiona122 trees will need to be planted. Ms. Jones stated the property will be updated by hard surfacing the area on which the vehicles are parked or driven. Petitioner plans to control the water run-off by complying with any requirements set-forth by either the City or the Rice Creek Watershed District. Ms. Jones stated they also plan to add green space to the west side of the lot, which is currently gravel. At some time in the future, the petitioners would like to construct a building in this location for the storage of their buses. Ms. Jones stated on July 21, 2010, the Planning Commission held a public hearing and unanimously recommended approval. Staff recommends Council's approval. Ms. Varichak asked if this is the first time the City has ever done anything like this? Ms. Jones replied as far as the text amendment, yes. When she has done code enforcement work, she met with several businesses and property owners and tried to come up with an agreement as to where they could store their fleet vehicles that is less visible. This has been a difficult thing to deal with because they have businesses in town where the City feels what they are doing is reasonable but within the confines of the Code, it is not allowed. They did recently have a business apply for a special use permit to be able to store fleet vehicles at one of our M-2 Industrial properties in the southern end of the City. With the process that would have been involved, the business decided to move to a site in Blaine instead where they had fewer requirements they had to abide by. The City has lost some businesses because it does not have this allowance in Code. Staff sees this as a positive improvement for the City. It would bring into compliance some businesses staff feels are doing a good job of trying to keep their site looking presentable. Ms. Varichak asked if this would change the hours of operation for this company. Darwin Voigt, CEO of Voigt Business Service, replied, no, they run bus schedules; and they have a set schedule with the schools. Roughly the first bus leaves about 7:00 a.m. and the last bus gets in about 5 p.m. Mayor Lund asked with the expansion on this new property, will their hours expand. Mr. Voigt replied, no. He said in the M-1/M-2 district they have another property that adjoins it, and asked if this was going to change the parking they have there now. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 7 Mayor Lund asked if he meant the existing facility located on Osborne Road. Mr. Voigt replied, yes. Ms. Jones stated she did not see how it would. Mr. Voigt asked about their existing property. Ms. Jones said it is her understanding they are storing the buses inside. Mr. Voigt replied, according to what they have now they are allowed to park them outside on a hard surface. Those vehicles are over-the-road coaches, and they are heavier than 26,000 pounds. The new property is basically for school busses. Their long-range plan is to move out of their facility on Main Street down by Rice Creek In talking with staff, it would be beneficial if they could move to one location. Mayor Lund asked if the current zoning of the property on Osborne was M-2. Ms. Jones replied, yes. It is her understanding, and she would have to look back in the records, there was some sort of agreement in the plat when these three properties were replatted in 1993. Mr. Voigt replied the replat was done prior to them buying the property. Mayor Lund asked if the Osborne property was purchased from Mr. Anderson. Mr. Voigt said it was Mr. Anderson's property. They replatted it to sell off some of the property. Mayor Lund replied, there must have been some exception or agreement, because if it is M-2, currently they are not allowed what they consider "outdoor storage" and yet they have been placing large, as well as smaller, buses on the M-2 current site. Mr. Voigt stated it was part of the permit when they built. The building permit said they were allowed to park outside as long as they were on a hard surface. Ms. Jones stated she recalled an allowance for a couple of coach buses to be stored outside under certain conditions. She said M-2, but it is really M-1. Staff will have to look into that. It is not the intent of this text amendment to change anything that the petitioner has approvals for on the existing property. If there were stipulations about that in the previous plat, they would still stand. Mayor Lund said that would be specific to that actual property only. There has to be something in the text amendment that might say there is, notwithstanding this existing property. Mr. Voigt said there is something in writing but he did not bring it with him. There should be nothing in there about coaches when Anderson did the split because at that time they were not talking with them about purchasing this property. He does not know why it would have been in FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 8 at that time, but it was in when they got their building permit and that was when that was put in there. Mayor Lund stated there must be something here already because the property he is purchasing was the old Anderson Trucking Service. He asked if it was considered outdoor storage then when they were parking semi trailers that were licensed, heavier than 26,000 pounds. Mr. Voigt said he thought they were restricted to 10 units. Ms. Jones replied, yes, and that is under old Code language that they were a legal non- conformance. That was a problem issue there, too. William Burns, City Manager, said it sounds like something they need to come back to Council and the petitioner with when this comes back for first reading. Councilmember Varichak asked Ms. Jones whether staff has heard from any neighbors. Ms. Jones said they have not heard from anyone. Councilmember Varichak asked Mr. Voigt if he agrees with the six stipulations. Mr. Voigt replied, yes, he does. There is the tree thing, but he will go along with it. Councilmember Bolkcom said this is a text amendment not just for this property, but for all properties in M-1 and M-2. Any other business that would want to do something similar would have to comply with these. Ms. Jones replied, where the tree thing comes in with the plat goes back to 1993. There were conditions that were supposed to be met and one of those was landscaping and for some reason that was not done. Mayor Lund asked if the property had already been purchased. Mr. Voigt said it has been purchased. Councilmember Bolkcom stated she does not see any attachment from the Planning Commission minutes and asked if they could have them before the next meeting. She asked if they needed a special use permit. Ms. Jones said they did not. Councilmember Bolkcom asked how staff would know how many vehicles anyone in an M-1 or M-2 District has. Ms. Jones said there were other businesses who were not in compliance that would be in compliance if this text amendment goes through. She asked how they would know if they were the right size. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 9 Ms. Jones replied, as far as the current businesses she was referring to, they have fleet vehicles they are storing, and the City Code does not permit that. Councilmember Bolkcom stated but one of the conditions indicated they have to correct the parking. Ms. Jones said they normally get into that with businesses, for example, if a new business was planning to move into town or to expand. For existing businesses, staff would not be dealing with this unless there is a problem and parking is going beyond the boundaries of their property. Councilmember Bolkcom asked about the parking conditions. Ms. Jones said the City Code requires "X" number of parking spots for the use. What this is saying is if you are going to store fleet vehicles on-site, besides meeting their code-required parking stalls for your use, you have to have enough parking stalls to accommodate both. Councilmember Bolkcom asked if there were problems with people parking on the street then. She said she received a complaint from someone who cannot even pull out of their business because there are trucks parked along the street all the time, and it is unsafe for them. Basically other than some new business that comes in, this te�t amendment is really not doing anything other than keeping them in compliance; and the City really will not be following up on them as long as no one is parking in the street. Ms. Jones replied, as with a lot of things in the City Code, they do not do anything until there is a problem. They have to have the Code language in place to solve it. Councilmember Bolkcom said so someone could be parking a big motor coach or tractor trailer on their property and as long as no one complains they are parking there or staff happens to be driving by and do code enforcement they will not have to do anything. In reality anyone else could be parking bigger than 26,000. However, now we have a text to back us up. Dr. Burns replied, except we do try and do commercial code enforcement every five years. Ms. Jones stated to clarify, they do have five staff people who do code enforcement and have a staff person out almost every day of the week doing code enforcement all over the City. Staff is looking for problems all the time, not just when they are doing systematic enforcement. Councilmember Bolkcom said you can see by the number of public hearings related to special use permits that are no longer active that this is an issue. If they are going to do a text amendment, let us make sure that it is enforceable and that businesses that are not compliant know what the rules are. She said she would hope after the first and second reading that those businesses staff are aware of would be sent a copy of this so they know what they can or cannot do on their property. Mayor Lund asked Councilmember Bolkcom if she wants staff to take the step of notifying existing businesses of the change in the ordinance. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 10 Councilmember Bolkcom stated because Ms. Jones mentioned there were other businesses that were not in compliance. Mr. Voigt stated they have been in Fridley for 25 years. If the weight is an issue, maybe they could change it to three axles, no semis or something like that. Mayor Lund said he does not know how much of an issue it is now, other than he did agree with the statements from Ms. Jones and from what he read in his packet that in M-1 and M-2, 26,000 pounds or less because that is an identifiable thing by the State Patrol and State law as a designation of a medium-duty vehicle and a heavy-duty vehicle. That is very distinct in licensing of commercial vehicles. Councilmember Bolkcom asked is he saying the license plate is actually registered for a certain poundage vs. axles. Mayor Lund replied, right. Ms. Jones said the definitions come from State statutes. Mayor Lund stated and they go by weight and not by number of axles. He did agree with the fact though in Ms. Jones' presentation and in his packet that says, this seems more appropriate for M-1 and M-2, whereas the heavier vehicles over 26,000 pounds (alluding to semi trucks, semi tractors, the heavier trucks) are more appropriate in an M-3 where you might see that type of activity anyways, at least for parking of vehicles. Councilmember Bolkcom asked what a big coach bus weighed. Mr. Voigt replied, about 38,000 pounds. Mayor Lund stated and that is why he is unclear as to how Mr. Voigt got these bigger buses on Osborne already. Mr. Voigt said the weight was never the issue. Councilmember Bolkcom asked regarding hearing from the neighbors, was just the property around the bus company notified. Ms. Jones said they have not heard from anybody in the community. This is citywide. There were no mailings done. The only notification done was in the newspaper. Councilmember Bolkcom asked whether there were any residential properties around these M-1/NI-2 properties. Ms. Jones replied, in this particular case there is residential across the street. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 11 Councilmember Bolkcom stated but that person might not even know this text amendment is in front of them. She is not saying they should have been notified, but she is saying they do not really know what impact this might have on anyone, because now there are fleet vehicles being allowed to park here. Maybe it is the bigger buses, but she sees buses leave at 6 o'clock when she leaves for work That is on the other property but, again, they are talking about M-1/M-2 having fleet vehicles being allowed in some of these businesses now and it could affect traffic and noise. Ms. Jones stated they are industrial properties. In this case, they had a trucking operation on this site since the 1970's. Councilmember Bolkcom asked, but it could change some of those M-1's/M-2's that are near residential properties that were actually following the Code and not having fleet vehicles? Ms. Jones replied, she is hard-pressed to think of an example where it would be next to residentiaL Most of the cases she can think are south of the freeway in a totally industrial area. Councilmember Bolkcom asked about the businesses on Main Street. Ms. Jones replied, she is thinking along Industrial Boulevard, near the BAE site. There are a couple in the Onaway District. She cannot think of one besides this site that would be across from residential. Mayor Lund stated there is no mention of fencing or screening. Is this site already screened or fenced with privacy fencing? Ms. Jones replied, yes. Mayor Lund stated but that is not listed as a stipulation in the text amendment. Is that because it is already precluded in an M-1 or M-2? It is not considered outdoor storage, it is parking of fleet vehicles in this case. Is there a necessity for fencing? Ms. Jones replied, they thought about that but what they did is put the requirement in that it be in the rear or the side yard. In most cases they do have fencing, but they do not want to stipulate that because a lot of times the Police Department really does not recommend that. They would really rather have the area well lit and have security. Debate followed as to how the proposed requirements would impact the McGarvey Coffee business. Councilmember Bolkcom asked whether staff has looked at what other communities are doing. Ms. Jones replied, Ms. Stromberg had done some research on that but she did not have it with her. Councilmember Bolkcom asked to have it provided at the next meeting. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 12 Councilmember Barnette stated one he is a little familiar with is Kottke Bus in Andover. They have a facility similar to what he thought Mr. Voigt is going to do. Councilmember Varichak stated she thinks Anoka is also like that. It is located by the pool. All of their buses are outside also. Mr. Voigt stated the majority of their buses will be inside. They will be parking some out at the facility they have on Main Street and over on Osborne. Then at the Central location they will be able to put them in. Most of the buses that will be coming out of the Central Avenue terminal will be the special needs buses. Councilmember Bolkcom stated the petitioner is going to control his runoff by either the City and/or Rice Creek because it is not just one or the other. It says "or" in the text, but both might have different requirements. She asked if that was already taken care of. Ms. Jones replied, no, but that is a change staff can make. Mayor Lund asked if they had not requested the text amendment, would they most likely be applying for a special use permit or variance? Ms. Jones replied, or a rezoning to M-3. Mayor Lund stated it certainly makes sense in one respect because it is a similar business adding the bus business to the Anderson trucking site. He does not see that as a big change. He thinks it is a deviation of not having fencing. It makes an argument of course if police want to have sight lines, but why do they require fencing so many other times. The size and weight requirement might be an issue because when Mr. Voigt bought this it was only going to be for the smaller buses. He can see him very soon wanting to put the big buses in there and then he would be outside the parameters of this text amendment. Mr. Voigt replied at the present site they have enough room for the larger buses. At such time when they build another facility, they would probably be putting some in there. Their original facility on Osborne is designed to be expanded south, and they could put another 20 to 25 coaches in there if they have to. The plumbing and sprinkler is all plumbed in for an addition, and that was in the original plan. Councilmember Bolkcom asked what a regular school bus weighs. Mr. Voigt replied, 26,000 pounds is a little light. It is probably closer to 30,000 to 32,000. They are not near as heavy as a coach. Councilmember Bolkcom stated so in reality they really could not park school buses. They could only park the little ones. The way the text amendment is written now, you can park your little fleet vehicles there but not the regular school buses. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 13 Mr. Voigt said some of them you could because they go towards body section. You could get a bus that is 40-feet long and the little ones are 20-feet long. Some of them in between are going to fall within that 26,000 category. Councilmember Bolkcom stated you would have to run the plate on each one. Mayor Lund stated it is already marked on the plate. That brings up a good point. This text amendment talks about 26,000 pound vehicles. Are they talking about the gross vehicle weight rating or are they talking about the licensed weight, because that is two different things. Ms. Jones replied, in all other sections of the Code it is gross vehicle weight. Councilmember Bolkcom stated that is what it states in No. 4. Mayor Lund stated it did say in their packet that they were going to get a matrix of the City of Eagan's research because they are researching the same issue. Councilmember Bolkcom asked if they should continue the public hearing because they do not have all the information. She would like it continued because there are some questions about Mr. Voigt's property. She is concerned that they would close it and have a first reading and have to go back. Ms. Jones stated she does not have a problem with having discussion at the first reading. Councilmember Bolkcom stated if there is no urgency, she would like to have that information as part of the public hearing. When they do a text amendment it is nice to see what other businesses staff is saying are not compliant. Mayor Lund stated he suggests they continue the public hearing. Mr. Voigt asked what that did for the timeline. Mayor Lund said it puts it back approximately two meetings. Dr. Burns stated there will not be a first reading for about a month. Mr. Voigt stated they have to get their drain ponds in and black top in. He asked that they explain the first reading. Mayor Lund replied at a public hearing they take public input but do not make any decisions. If they close the public hearing tonight, they could have a first reading of the ordinance change at the next Council meeting. You have to have two readings of an ordinance and then it has to be published. If you already knew what the timeline was until publication, this adds approximately two weeks if they continue the hearing. Councilmember Bolkcom stated they are talking the end of September vs. September 13. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 14 Councilmember Barnette asked Mr. Voigt how he felt about this. Mr. Voigt said he can understand the reason behind it. Naturally they would like to get done as soon as they can, but he understands and agrees with it. Councilmember Barnette stated it is a procedural thing and he agrees they do that. Councilmember Bolkcom stated usually after the first reading he could move along and start his work. Mayor Lund stated it is highly doubtful that they are going to make an about face. It is usually for clarification purposes. Although the petitioner may take some risk, and he should talk to staff about that, he could do some of his preliminary work. MOTION by Councilmember Bolkcom to continue the public hearing to the August 23, 2010, City Council meeting. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:48 P.M. 8. Consideration of the Revocation of Multiple Special Use Permits: SP #87-16, SP #03-24, SP #86-04, SP #87-21, SP #88-01, SP #07-06, SP #03-07, SP #08-01, SP #05-04 and SP #10-03. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:49 P.M. Ms. Jones, Planning Manager, stated in the summer of 2009, systematic code enforcement of commercial and industrial properties was conducted. Numerous properties had been issued a special use permit and were not in compliance with the conditions and stipulations. City Code Section 205.OS.S.G requires that the recipient begin work required by special use permit stipulations within one year. If work has not started, the permit is null and void, unless an extension is given. Additionally, failure to comply with conditions and stipulations shall result in the revocation of the SUP. The list of properties is included with staff's memorandum. Note that staff is no longer recommending revocation of SP #10-03 for Blue Water Properties as the owner is working to meet the screening requirements stipulated in that permit. SP #87-16 - Rubber Research, 4500 Main Street N.E. Ms. Jones stated this is for exterior storage of materials and equipment in M-2. They have not met landscaping, hard surface parking lots and curbed driveway stipulations. A 2007 fire at the FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 15 site prompted investigation. In May, 2009, staff tried to gain compliance with unmet stipulations. After numerous extensions, the site has yet to be landscaped or paved according to stipulations established 23 years ago. In the end, staff considered this permit from 23 years ago probably does not even apply to the use on this site and are advising Council to revoke the permit. It is her understanding that these permits that do not come into compliance within one year basically are null and void by definition of the City Code. What they are asking Council to do in these resolutions tonight is to allow them to make the record clear in the property tax records of these properties because that is where the original permit was recorded. Councilmember Bolkcom asked how have they been notified. Ms. Jones replied, they have been notified by direct letter to both the business and landowner if applicable. Councilmember Bolkcom asked, regarding this special use permit, have there been any discussions with the property owner since May, 2009? Ms. Jones replied, numerous discussions by telephone. Councilmember Bolkcom asked when was the most recent one. Ms. Jones replied, this evening at probably 5 o'clock She has been having many discussions just in the past few days. The business understands that the permit was null and void back in 1988 and that this is a formality. The City needs to file the documentation at the County to demonstrate that and they need to apply for a new special use permit. Councilmember Bolkcom asked if this resolution passes tonight, do they have to remove the exterior storage and equipment. Ms. Jones replied they already have. Councilmember Bolkcom asked how does something not get taken care of since 1988. She asked how they keep track of all the stipulations and make sure they are complying. Ms. Jones said they had a computer tracking system now. Councilmember Bolkcom asked but staff does not go to all the special use permits and make any kind of a visit to make sure they are in compliance? Ms. Jones replied staff actually calls and reminds businesses when their one-year timeline is up. Councilmember Bolkcom asked if staff was doing any kind of site visit. Ms. Jones stated they often do reinspect. They are hoping to reinspect commercial and industrial every three years. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 16 Mayor Lund asked if Rubber Research is still in violation because they already eliminated the outdoor storage. There were several stipulations. He asked about the extensions. Ms. Jones replied outdoor storage was one of the things the City had granted them an extension for last summer. The main problem is they never completed the landscaping or the paving. They paved part of the site but not all of it. If they continue to use part of their site, they will need to do some more paving. Mayor Lund stated there will need to be some follow-up already because even with the removal of the special use permit, they are still out of compliance with other elements. Councilmember Bolkcom asked whether the stipulations are just for the special use permit. Ms. Jones replied, yes, but some of the stipulations, such as the landscaping, is something they would have to do without the special use permit. William Burns, City Manager, said they would also have to do the paving. Councilmember Bolkcom asked what the paving was for. Dr. Burns replied the City requires hard surface paving. Councilmember Bolkcom stated but if they are not driving or parking on it, then they would not need it. Ms. Jones stated the special use permit was for outdoor storage. Councilmember Bolkcom stated it sounds like the stipulations were related to the special use permit because the reason for the revocation is failure to comply with multiple stipulations. What she is now telling her is the special use permit just has to do with it being a business. Ms. Jones stated a couple of the stipulations, the paving and the landscaping, are basic City Code requirements. They were in the Code at the time they got the special use permit in 1987. Mayor Lund stated many times he has seen stipulations that are a reiteration of what is already required. Councilmember Bolkcom said but it is two different things. One is related to the special use permit and the other is related to a building permit. Ms. Jones stated the paving and the landscaping stipulations were related to a specific site plan outlining how they were going to put outdoor storage on the site. They no longer have outdoor storage on that site. That site plan, in her opinion does not apply anymore because they never complied with that plan. As staff told them when they met with them in 2009 on-site, they needed to come forward with a new site plan and would be given new stipulations. It is an old permit. They need to start completely over. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 17 Councilmember Bolkcom asked what makes them have to do the rest of it, if they know they are not going to have a special use permit. They have not been held accountable since 1988. The City now sends them a letter and says, you still need a site plan and you still need to do the following things. Ms. Jones said they are going to get a notice that they do need to meet the landscaping requirements with the City. Attorney Knaak stated there might be a bit of a mix-up here as to what part is being enforced. If this was still in effect and they were doing what they originally planned to do and they were instead in violation of some of the landscaping, there would be an issue on the landscaping that the City could go after them. They could also review the permit because there is a violation of the terms of the permit in addition to the violation of the ordinance. Here, you are going to be eliminating the permit. The leverage that the City has on the landscaping is gone, but there are still the other regulations that are in effect for the City. It is not like they have no other responsibilities or obligations if they do not have the permit. Very often what staff will do is give the City in essence the extra tool of including these other kinds of requirements that are part of the ordinance as part of the special use permit so if they are not in compliance with the ordinances, that is another reason to yank the permit. Councilmember Bolkcom asked how long they had to come into compliance related to the City Code. Ms. Jones replied, 15 days. The standard for property maintenance is 15 days. Usually they have to give them more time. SP #03-24 — Wallboard, Inc., 5346 Industrial Boulevard N.E. Ms. Jones stated this special use permit was issued in 2003 for exterior storage of materials in the side and rear yards in M-2, but the stipulations have never been met. Staff has been working with them since 2003 and have been working intensely with them the past year. They have come forth with a proposal for a way to build storage buildings instead of having their storage all outside. They are going to build storage buildings over a three-year period to put their storage inside. If they cannot get it all inside these buildings then, at the end of the three years, they are proposing to come back to the City and ask for a new special use permit. Ms. Jones stated, however, at 5:30 today she got a telephone call from Brian Graskow of Wallboard who is requesting that the City not revoke the special use permit at this time. They did submit a written request to be entered into public record. Mayor Lund asked whether the letter was in lieu of the owner being here tonight. Ms. Jones replied, yes, because the owner could not be here tonight. She said she would recommend that Council continue this hear until the next Council meeting so the owner will have an opportunity to be present at the meeting FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 18 Councilmember Bolkcom asked because they are all under one hearing, Council would have to continue the hearing period then. They are all part of one hearing, right? Ms. Jones stated they could still take action on the other resolutions. Attorney Knaak recommended tabling or continuing that part of the public hearing. Keep in mind what they are dealing with here are several public hearings. He said there should be some records on each of the public hearings. Once that occurs, Council can typically take action on any one of those. If they are going to close the public hearing at the end of this, be sure they indicate which part of the public hearing they are closing with respect to which of these parcels. MOTION by Councilmember Varichak to receive a faxed letter dated August 9, 2010, from the manager of Wallboard, Inc., Brian Graskow. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jones stated it has been staff's intent since they had this letter of agreement with them several months ago that even though they have never been in compliance with their special use permit, staff would give them time. It is a three-year plan for a section that was to be constructed by September 14, 2010; another section constructed by September 2011; and another section the following year. When they say "three-year" it was not that it was all or none for the three years. There is a section they are supposed to have constructed within a few weeks. It is laid out and referred to in the September 24, 2009, letter. Mayor Lund referred to the August 9, 2010, letter. To him it seems they are stalling for another three years. Councilmember Bolkcom asked if they have pulled a building permit. Ms. Jones replied, no, and she discussed that with them this afternoon. They are in the process of beginning the engineering and plan to be pulling a permit in the next few weeks. They said this type of structure only takes a day or two to install. Mayor Lund stated his first impression is that they are stalling. Ms. Jones stated maybe this is a question for the City Attorney. In her opinion they do not have the special use permit now because they never met the stipulations of the 2003 permit and that is why they were proposing revocation of the permit. Staff's agreement was to continue to work with them even though they do not have a permit. Councilmember Bolkcom asked about the agreement with the City. Ms. Jones stated they do have an agreement with the City. At the end of the letter to Ms. Stromberg from Brian Graskow, it says this is with the understanding that during the building period, Wallboard will transition from its current outdoor storage situation to one that is either without outdoor storage or which will comply with the City's requirements for outside storage FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 19 under a new and separate special use permit. When staff had reached an agreement with them on September 24, 2009, it was their understanding then that they did not even have the special use permit anymore as they were never in compliance with it. Councilmember Bolkcom asked what was the City's communication after this was received. Ms. Jones stated they had several e-mails and meetings with them. Councilmember Bolkcom asked and staff told them at that time they did not have the special use permit. Ms. Jones stated staff told them it was going to be on this public hearing with all of these others. Councilmember Bolkcom asked when they last had a meeting or correspondence with them. Ms. Jones replied, last fall. This was dated in September. Councilmember Bolkcom asked if staff told them there would be a public hearing now. Ms. Jones replied, staff did not know the exact date when it was going to be. Staff had intended to do this months ago but they have been working on a lot of these, trying to get them into compliance. Dr. Burns stated if the special use permit is null and void at this point, why would we want to table this tonight? Why not just go ahead with it? Attorney Knaak stated technically, even though they are not in compliance and would not be able to enforce it, one of the reasons the Council has these reviews is to state it of record. The way they finally terminate it of record is you actually have a resolution or some official action on the part of the City. Right now you can have a 20-30 year old special use permit essentially unenforceable for any number of reasons but it is a matter of record. Someone could conceivably come in and attempt to gain compliance or start complying with it because these things do run with the land unless you take action. That is the reason why it is always good practice to go through and formally review these. Dr. Burns asked but why not take the action tonight or at least close the public hearing and possibly even take action on the resolution rather than put it off for another meeting? Attorney Knaak said that remains an option. They do need to formally pass a resolution which would then be recordable and would then terminate of record the special use permit. Councilmember Bolkcom stated but not having this person in front of them and seeing this and thinking they have been working with staff and they have had a plan since September 2009. Mayor Lund stated keep in mind that is almost a year ago, and they still have not done anything. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 20 Councilmember Bolkcom asked but on the one before they gave them 23 years. Ms. Jones stated staff is working with them. Staff is committed to continue to work with them for the three years. However, the point of the special use permit being in place does not help them because they are not in compliance with it. They do not intend to come into compliance with that special use permit. What they are planning instead is to put that outside storage inside buildings. Unfortunately, the owner does not understand that. Why she was not told about it before today she does not know because staff has been working with them. Councilmember Bolkcom asked if it would hurt her if she chose to sell and did not have the special use permit. Ms. Jones stated it hurts them today. Without the action they have taken. She cannot sign a zoning letter saying they are in compliance with that special use permit today, nor could she in the past seven years they have had this permit. Mayor Lund stated both of the letters are e-mailed from the manager, Brian Graskow. The difference he sees in the letters is they had recognized 11 months ago that they would need a special use permit. Now they are saying they would like Council to continue the existing one to give them time to get the three-year plan completed. But as Ms. Jones is saying the special use permit does not help them anyway. Councilmember Bolkcom asked how this was any different from other properties the City has had with special use permits such as the auto body places. They were out of compliance for a long time and let go for some time and then they came forward and said they were going to work on it and then it is another two or three years. Ms. Jones replied, it is very different than those because in those cases they were working towards compliance with the stipulations of that permit. In this case they are working on compliance on something completely different that they do not need a special use permit for. They are working on doing away with the need for that permit. Councilmember Bolkcom stated but in the meantime, they have outdoor storage because it is going to take them three years. Ms. Jones said but it is not in compliance with that permit and it never is going to. That is what they are telling the City. Dr. Burns stated the City's agreement allows them to keep the outdoor storage for the three-year period without the special use permit. Councilmember Bolkcom asked and where is that agreement? Ms. Jones in the letter that we agreed to. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 21 Councilmember Bolkcom stated there is nothing from the City. That should probably be in the record, too. Something we agreed to. Ms. Jones stated she has e-mails and correspondence. She was at the meetings. They agreed to that plan. Mayor Lund stated and the plan was agreeable to both parties at that point. Councilmember Bolkcom stated so what Ms. Jones is saying is she has a summary of what she agreed to with them. Ms. Jones replied the letter is what they agreed to. They sent that letter summarizing what they agreed to in several meetings. Councilmember Bolkcom asked but the City has not sent anything back stating, yes, this is correct? Just because someone sends the City a letter does not mean we agreed to it, does it? Ms. Jones said they did. Mr. Hickok, Ms. Stromberg and herself inet with them; and they agreed to that. Mayor Lund stated it is now public record. Their understanding with this fax of today is they want to hold up or continue their special use permit which they have not abided by for approximately seven years. Councilmember Bolkcom stated with the cost of the special use permit, she can understand they do not want to apply for a new one. With every special use permit they have, there should be some sort of checklist that is looked at after six months, nine months, and a year so the City does not have things that go on for years and years. Mayor Lund stated he agrees. MOTION by Councilmember Bolkcom to receive a faxed letter dated September 24, 2009, from the Vice President of Wallboard, Inc., Brian Graskow. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. SP #86-04 - Sentinel Chemical, 55 — 77t'' Avenue N.E. Ms. Jones stated the special use permit was issued in 1986 to a previous business, not Sentinel Chemical, for exterior storage of materials and equipment in the S-3 district. The special use permit called for a hard surface driveway and storage yard. They decided last summer when staff was working with them to eliminate the outside storage and not pursue compliance with the special use permit. Through discussions with the representative of the company today they are understanding and accepting of this. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 22 Councilmember Bolkcom stated and staff does not have anything in writing. Just a conversation with them. Ms. Jones replied right. Councilmember Bolkcom stated maybe next time it would be clearer to have something in writing. Attorney Knaak stated they have received formal notification and it was published. They are responsible for actually coming and stating on the record they are in opposition. SP #87-21 - CSM Properties, 500 - 73rd Avenue N.E. Ms. Jones stated CSM Properties came in last year as a result of Mr. Knutson's work and received two new special use permits. This special use permit issued in 1987 for exterior storage was prior to the property having a lot split. The new special use permits take over the current use of the property and the outdoor storage needs. They have been contacted and are aware of this and understand why it is not needed and being recommended for revocation. Councilmember Bolkcom asked why it was not looked at when there was a lot split. Ms. Jones said it still applied, but it was not until they applied for a new one last year that it was no longer needed because the new permit incorporated the old permit for outdoor storage and new things were added to it. Councilmember Bolkcom asked why was it not removed at that time. Ms. Jones said because they knew they were going to have this public hearing, and it was going to be added to the list. SP #88-01 - Crvsteel, 1130 73rd Avenue N.E. Ms. Jones stated this is a similar situation as the previous one. Their permit needs for outdoor storage had changed over the years, and staff had been working with this one for a number of years before Mr. Knutson did his work last summer and that really pushed staff to get it resolved. They came in early this year and received two new special use permits including one for a new neighboring property they are leasing space from. Their old special use permit has now been replaced by a new one. Councilmember Bolkcom stated she does not get it. If they apply for a new special use permit in 2005, why does the old one not go away? Ms. Jones replied 2010. Councilmember Bolkcom stated it says #10-05. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 23 Ms. Jones said there needs to be a formal action by Council and staff knew they were going to have this public hearing. Mayor Lund stated at the time they apply for their current special use permit, they could easily add a statement removing the old one. Attorney Knaak stated we have done that in some cases. Ms. Jones stated they just renumber it. This was different, however, because it involved the neighboring property also. SP #07-06 - Global Health Ministries, 7831 Hickorv Street N.E. Ms. Jones stated this was for limited outdoor storage of shipping containers in an S-3 zoning district, in the Onaway zoning district. It was her understanding they were unable to come up with the financing to do the screening that was required in the stipulations and have since come up with a different process of handling their shipping containers in their loading dock area. She has not heard from them and assumes they no longer need the special use permit. Councilmember Bolkcom asked, so they have no containers outside right now? Ms. Jones replied, occasionally they have them at their loading dock. Councilmember Bolkcom stated but not like they had them before. Ms. Jones replied, no, they had them stored for a month or more at a time. Mayor Lund stated they did not contact staff. Ms. Jones stated staff notified them. She talked to the executive director some months ago, but she has not heard anymore from them since notifying them of the hearing. SP #03-07 - Dahlke Trailer Sales and Service, Inc., 8170 Hickorv Street N.E. Ms. Jones stated there are two special use permits. This special use permit was for the rock crushing facility in the M-3 heavy intensive outdoor storage district. They came to staff after they got the permit and said this is a temporary thing, they were not sure it was going to stay. Staff gave them some leeway in not coming into compliance with all of the stipulations. It turned out they were right; the operation did not stay long. It is no longer being used for that use for the site. They have since replatted and have some different plans for the future of this site and no longer need this special use permit. Staff has contacted them and they are okay with revocation of the special use permit. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 24 SP #08-01 - Dahlke Trailer Sales and Service, Inc., 8170 Hickorv Street N.E. Ms. Jones said this special use permit was for a 125-foot telecommunications tower in an M-3 zoning district. The tower was never built. They contacted the company and they said they are no longer pursuing the tower and are fine with the revocation of this permit. SP #05-04 - DMK Mana�ement, 8290 Main Street N.E. Ms. Jones stated this is for another 125-foot telecommunications tower also an M-3 zoning district. That tower was never built. Mayor Lund asked Ms. Jones whether she has ever had any discussions with the telecommunications people. Ms. Jones replied, no, not on either of these. Mayor Lund asked, they are not contesting it, but they have been duly notified? Ms. Jones replied yes. She said they contacted Dahlke today because staff wanted to make sure. This one is so old and they knew they were not building it anymore but just wanted to clarify with Dahlke, and they said they are not pursuing the telecommunications tower anymore. SP #10-03 — Blue Water Properties, 7685 Main Street N.E. Ms. Jones said they had a stipulation with an August 1 deadline to meet for screening. At the time staff wrote the memo, they had not complied with that. Staff was concerned that they were not going to meet their stipulations. They have installed screening now, and that is why staff has removed them from the list. They are in compliance with their stipulation. Councilmember Bolkcom stated but it was listed in the public notice. Ms. Jones replied because at the time staff had to publish the public notice they were not in compliance with two of their stipulations. Councilmember Bolkcom asked if they are in compliance with all of their stipulations. Ms. Jones said staff is still evaluating their screening and whether it will meet the requirements of the City Code. We are satisfied. They have made progress. Staff always works with businesses and, if they are making progress, staff continues to work with them. They are not going to recommend revocation. They are making progress. Councilmember Bolkcom replied, okay, but Ms. Jones said they were not sure they were happy with the screening. So then does it come back before them at a public hearing again? Ms. Jones replied, yes. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 25 Councilmember Bolkcom asked why would not just include it and table this portion. If they are not totally in compliance and some of these other ones are not in compliance. If we are not sure, why would we not include it in the public hearing because it was in the notice. Mayor Lund asked if they would be in compliance in the next couple weeks. Ms. Jones replied, they may be in compliance now. They are just having some differences of opinion with staff as to what exactly they need to do for the screening. Mayor Lund stated it might be appropriate to continue it with the other one. Ms. Jones stated she thinks that would be a bit unfair to the property owner because staff has not notified them that they were being considered tonight. Mayor Lund stated regardless if they were to continue it. They can definitely remove it. Councilmember Bolkcom asked if they are continuing it what is the unfairness. The City let them know that they are there because they are not totally in compliance. Otherwise the Council is going to have to have another public hearing to pass a resolution if there is an issue. Attorney Knaak stated there is no harm in doing that. You could certainly notify them since they are going to be continuing it to one of the other hearings. If nothing becomes of it and they are in compliance, it is easiest enough to resolve it at that point. Mayor Lund stated he thinks so too. He does not think it is unfair to them not being here tonight. Just notifying them they continued theirs, along with a couple of other ones they are going to continue. That may aid City staff in telling them they have a couple of weeks to get these issues resolved. Staff could report back to Council they are moving along in compliance, and it may be close enough for them to say, okay, we will just remove this because they have gained compliance. Councilmember Bolkcom stated the Wallboard one is a little confusing to her and where they think they are at and where the City thinks they are at is the only other one she thinks they would table. Mayor Lund stated he put "continue" on the Rubber Research and Wallboard. And it sounds like they would be moving towards the same type of thing for the Blue Waters property. Councilmember Bolkcom stated, why Rubber Research? Mayor Lund stated based that on the conversation there is some contesting of that going on. Councilmember Bolkcom stated to her it has been years and there are issues related to their landscaping which is a whole separate issue compared to their stipulations. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 26 Dr. Burns stated he thinks they are being very generous with Wallboard. He does not necessarily think it hurts to table it, but he does not think there is any way they want to extend this special use permit. They have delayed and delayed and he thinks staff has pointed out that they have already really lost their special use permit. They have defaulted on it by their inaction. It gives them encouragement to table it and, admittedly, it probably brings them in here to argue with them about it. Councilmember Bolkcom stated she was going to make it part of the discussion item what she planned for staff to do. She would like staff to talk to the owner and not the manager and explain in detail again why the special use permit does not exist and develop a plan of how they are going to come into compliance and that they will have to come forward if they do not get this exterior storage taken care o£ Does it seem reasonable as long as they have a plan with the actual timeline of September 2012 that they would have to have another special use permit? Council will revoke their special use permit at the next meeting and they still have to have a plan to be in compliance. Dr. Burns stated he is not sure what they would gain by allowing them to continue the special use permit. Councilmember Bolkcom stated they are not going to. They are going to revoke it in two weeks, but we are going to give them an opportunity. Mayor Lund stated he would not go as far as to say they are going to revoke it. That is making somewhat of an assumption. They have had a special use permit for a number of years. They had an agreement in place that is 11-months' old now. If they are going to come in, he is going to say, where is the documentation that they even have a building permit and how soon are they going to get this up. Already they are outside of their latest agreement which is 11 months old. He does not think it is wrong for Council to delay some of these things and give them every opportunity. He sees it as Council giving them another chance at conformance. Councilmember Bolkcom stated she realizes it is a little different than Central Auto Parts and some of the other ones. They did not allow a lot of their businesses to go longer than they probably should have if they really have been following the special use permits. How many times a year do they grant e�tensions for special use permits, building permits, etc. for two or three years. Maybe it is something they really need to look They would not have such a long record here if they actually said you do not get an extension unless you are really working on it. Mayor Lund stated this is not to criticize current staff but it seems a little strange there is some gaps for some who have been given a special use permit and there is seemingly a lack of follow- through with some of these cases when they go back as far as 1986. With the advent of computerization there is a much easier way of tracking these things. He knows there is criticism out when people say the City is not enforcing ordinances and the rules uniformly. With that being said, he knows that is probably one-tenth of 1 percent. This is relatively minute compared to those that have followed through. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 27 Councilmember Barnette stated two of these sites were going to have 125-foot telecommunications towers. He remembered the discussion quite a number of years ago where the City was required to provide, was it 10 towers? He asked whatever happened to the sites where these towers were going to go. Did they replace them at some other site? Ms. Jones replied, the City does have designated sites in the Code where they are allowed to put towers without a special use permit. These were not sites that were on that list. MOTION by Councilmember Bolkcom to close the public hearing on SP #87-16, SP #86-04, SP #87-21, SP #88-01, SP #07-06, SP #03-07, SP #08-01, and SP #OS-04. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:44. MOTION by Councilmember Bolkcom to table SP #03-24 and SP #10-03 to the August 23, 2010, City Council meeting. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Revoking Special Use Permit, SP #87-16, for Rubber Research Elastomerics, Inc., to Have Exterior Storage of Materials and Equipment in an M-2 Zoning District, Generally Located at 4500 Main Street (Ward 3). MOTION by Councilmember Bolkcom adopting Resolution No. 2010-47. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Revoking Special Use Permit, SP #03-24, for Wallboard, Inc., to have Exterior Storage of Materials in an M-2 Zoning District, Generally Located at 5346 Industrial Boulevard (Ward 3). MOTION by Councilmember Bolkcom tabling the Resolution Revoking Special Use Permit, SP #03-24, for Wallboard, Inc., to the August 23, 2010, City Council Meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Revoking Special Use Permit, SP #86-04, for KMR Industries to Have Exterior Storage of Materials and Equipment in an S-3 Zoning District, Generally Located at 55 — 77t'' Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 28 MOTION by Councilmember Bolkcom adopting Resolution No. 2010-48. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Revoking Special Use Permit, SP #87-21, for CSM Properties, Inc., to Have Exterior Storage of Materials and Equipment in an M-2 Zoning District, Generally Located at 500 — 73rd Avenue N.E. (Ward 1). MOTION by Councilmember Varichak adopting Resolution No. 2010-49. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution Revoking Special Use Permit, SP #88-01, for AB Systems, Inc., to have Exterior Storage of Materials and Equipment in an M-1 Zoning District, Generally Located at 1130 — 73rd Avenue N.E. (Ward 2). MOTION by Councilmember Varichak adopting Resolution No. 2010-50. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Revoking Special Use Permit, SP #07-06, for Global Health Ministries, to Have Limited Outdoor Storage of Shipping Containers in an S-3 Zoning District, Generally Located at 7831 Hickory Street N.E. (Ward 3). MOTION by Councilmember Bolkcom adopting Resolution No. 2010-51. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution Revoking Special Use Permit, SP #03-07, for RJ Ryan Construction Co., Inc., for a Rock Crushing Facility in an M-3 Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3). MOTION by Councilmember Bolkcom adopting Resolution No. 2010-52. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 29 16. Resolution Revoking Special Use Permit, SP #08-01, for Pro Source Technologies for a 125-Foot Telecommunications Tower in an M-3 Zoning District, Generally Located at 8170 Hickory Street N.E. (Ward 3). MOTION by Councilmember Bolkcom adopting Resolution No. 2010-53. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution Revoking Special Use Permit, SP #05-04, for Sprint to Install a 125-Foot Telecommunications Tower in an M-3 Zoning District, Generally Located at 8290 Min Street N.E. (Ward 3). MOTION by Councilmember Bolkcom adopting Resolution No. 2010-54. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution Approving an Amendment to the Contract for Curbside Recycling with Allied Waste Services. Councilmember Bolkcom stated we are doing the change in the 50/50 to 60/40 because they are going to extend their agreement. She asked why we switched. William Burns, City Manager, said most of them are trying to get out of revenue sharing altogether. In fact, the ones doing the single sort are getting out of it altogether. In light of what staff is seeing in the hauling environment, we think the 60/40 is a very reasonable proposal. Mayor Lund stated he had already had an expectation they were going to lose it all. He was real surprised it was 60/40. Councilmember Bolkcom asked because of the increase, Council will have to pass the resolution related to the recycling because that will not take place unti12011. Dr. Burns stated they would have to pass the resolution related to recycling as part of our fee increases during the budgetary process. Councilmember Bolkcom asked but that fee does not increase until 2011. Dr. Burns stated it would not go into effect until Apri12011. Councilmember Bolkcom stated our Environmental Quality and Energy Commission is working on this. The City really does not see itself going through any type of organized collection for at least a year, so we really are not hurting our chances in any way? FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 30 Dr. Burns replied correct. We are keeping our options open. Councilmember Bolkcom asked Attorney Knaak if they can do this because otherwise they would be going out for an RFP. Attorney Knaak replied yes, they have the discretion to extend the contract in this matter. Councilmember Bolkcom asked if we were not doing that, we would probably have to go out for an RFP. Attorney Knaak replied, no. Councilmember Barnette stated they did not get a request from other haulers to bid on this. Dr. Burns replied, no, they never expected to have another hauler agree to this. Attorney Knaak stated technically because this is a service contract, the City does not have to bid it as such. That is just best practice. Councilmember Bolkcom asked the City Attorney, he is telling them that best practice is okay not to do it here because they are doing the study? Attorney Knaak replied he is giving them the legal answer that under the circumstances, this is an appropriate action for them to take. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-45. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Claims. Councilmember Bolkcom said on the first couple of pages it says, "July Purchases." She believed they are probably all related to the liquor store. William Burns, City Manager, said he thinks they are. Councilmember Bolkcom stated the entries do not say that. Maybe next time it would be appropriate. Regarding the entry for the Suites Hotel and Waterfront, it looks like it is for something that is happening in September. Is that someone who is going to a conference and they had to prepay? It is dated July 29, 2010, for $658.98. Dr. Burns stated it is NWAA conference and is related to certification of the Water Treatment Plant for Jason Wiley and Kory Jorgensen. Typically the City does not pay for conferences unless they are related to certification and licensing. FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 31 Councilmember Bolkcom stated and again that might be something that might be more easily clarified so she does not have to ask these questions. She said on Page 6 is says `Bolt" $623. Dr. Burns stated he would have to get a response for her. Councilmember Bolkcom asked on Page 8 for the ball field light, is that not a capital improvement because it is $1,400? Dr. Burns replied, he did not think so because it was a repair. It is a replacement of a light pole at Community Park. Councilmember Bolkcom asked what does it come under? Dr. Burns stated it comes out of Operations. Councilmember Bolkcom asked what pushes it the other direction? Mayor Lund stated if they were probably replacing the entire lighting system. Councilmember Bolkcom referred to the capital improvement work they are doing for the lift at the Public Works is different because it is broken, too? She is just trying to understand. Dr. Burns stated one is an outlay item. It is not a capital improvement. It is an operating item. Only it comes out of the water and sewer fund. The entry for the ball field would be out of the general fund. Councilmember Bolkcom asked if t would not come out of the Parks and Recreation fund? Dr. Burns replied, no it would come out of the Public Works fund because they maintain the parks. Recreation runs the programming. Councilmember Bolkcom stated but they have a capital outlay related to tennis courts, etc. Dr. Burns replied, no, the tennis courts are funded by Parks capital funding; but they are not funded out of their general fund account. Councilmember Bolkcom asked on page 9, it says "Metro Sales." Dr. Burns replied that is for copier usage. Mayor Lund stated does that mean those copiers are leased? Dr. Burns replied, they are leased. Councilmember Bolkcom asked regarding "Driving Schedule" on Page 10, Minnesota Highway Safety and Research, what is that? FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 32 Dr. Burns replied he is not sure what that would be. MOTION by Councilmember Bolkcom to adopt the Claims. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. Informal Status Reports. Councilmember Varichak stated the parties she visited on Night to Unite were very welcoming. A lot of people were out. Councilmember Bolkcom stated there were 88 people at one in Logan Park. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 11:05 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING July 21, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:04 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Brad Sielaff, and Dean Saba MEMBERS ABSENT: Jack Velin, Brad Dunham, and Marcy Sibel OTHERS PRESENT: Stacy Stromberg, City Planner Butch Voigt, Voigt Bus Service Approval of Minutes: June 16, 2010 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Text Amendment, TA #10-01, by Voigt's School Bus Services Inc., to allow parking of fleet vehicles in the M-1, Light Industrial and M-2, Heavy Industrial zoning districts, provided speci�c code requirements can be met, generally located at 7600 Central Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:05 P.M. Stacy Stromberg, City Planner, stated the petitioner, Mr. Voigt, of Voigt's School Bus Service, Inc., is seeking a text amendment to add language to the M-1, Light Industrial zoning district and the M-2, Heavy Industrial zoning district that would allow parking of fleet vehicles as an accessory to the principal use on a lot, provided specific code requirements can be met. Ms. Stromberg stated Voigt Bus Service, which is currently located at 1240 Osborne Road, is currently in the process of purchasing the subject property at 7600 Central Avenue from Anderson Trucking. It is the petitioner's desire to expand their business onto the subject property. The petitioner plans to store small buses of approximately 12,000 pounds on the subject property. The storage of the vehicles will be in the side and rear yard of the lot, alongside or behind the existing building. The property will be updated by hard surfacing the area in which the vehicles are parked or driven. The petitioner plans to control the water run-off by complying with any requirements set forth by either the City or the Rice Creek Watershed District. They also plan to add green space to the west side of the lot, which is currently gravel. At some time in the future, the petitioner would like to construct a building in this location for the storage of their buses. Ms. Stromberg stated the subject property is located on Central Avenue, south of Osborne Road. The property is zoned M-1, Light Industrial. The property to the north is also zoned M-1 Light Industrial, the property to the south is zoned M-4 Manufacturing Only, the property to the west is zoned G3, General Shopping; and the properties across Central Avenue are zoned, R-1 Single Family. The subject property is 4.1 acres is size and was developed in 1970, with the construction of the existing building. In 1993, the subject property was replatted along with the properties at 1240 and 1290 Osborne Road. Ms. Stromberg stated the subject property was developed in 1970, with the construction of the existing building and, based on the records in the City Council meeting, 10 trucks were allowed to be stored on the site that would be used daily for business operations. At the time, Code required that the lot be paved to allow for parking of the trucks. While doing industrial and commercial code enforcement inspections last summer, the City's Community Development intern discovered that not only was this property unpaved, there was storage of over three times the amount of trucks and trailers that were approved for this site in 1970. The property owners were notified by the City and as a result, they vacated the site. The site has been vacant for approximately a year. Ms. Stromberg stated the petitioner has initiated a te�t amendment to add language to the M-1, Light Industrial zoning district and the M-2, Heavy Industrial, which would allow the parking of fleet vehicles that are used for the principal business operation as an accessory use, provided specific code requirements can be met. Ms. Stromberg stated the City currently does not allow parking of fleet vehicles by right and in most instances we would currently consider the parking of these vehicles "outdoor storage" and would require a business to get a special use permit. Ms. Stromberg stated over the last several years, staff has been approached by businesses looking to move into Fridley that have the need to park their fleet vehicles overnight or staff has come across businesses that are already in operation in Fridley that have some type of parking of fleet vehicles that are used during the day and parked on site at night. Many of the industrial spaces that exist within the City may attract tenants that have the need to park fleet vehicles overnight and as long as certain conditions can be met, which are listed below, staff has determined that these types of uses should not be discouraged. Ms. Stromberg stated when Voigt Bus Service approached the City about purchasing the Anderson Trucking site to expand their operation, staff started evaluating how reasonable this type of accessory use would be for all of our industrial properties that are located in the M-1, Light Industrial and the M-2, Heavy Industrial zoning district. We determined that as long as specific code requirements can be met, parking of fleet vehicles overnight would be an acceptable accessory use in our M-1 and M-2 zoning districts. Staff has drafted an ordinance that would allow the parking of fleet vehicles that are related to the principal use (or business) on site as an accessory use, provided the following conditions can be met. Those conditions are listed below with the reasons why staff determined the condition was necessary below in bold: ((1)) Vehicles shall be licensed and street operable. Ensuring that vehicles are currently licensed and operable eliminates the opportunity for junk vehicles to be stored on site. This in turn, will also prevent fleet vehicles from becoming an outdoor storage issue. ((2)) Vehicles shall be parked on an approved hard surface. City Code requires vehicles to be parked on an approved hard surface, such as concrete or asphalt, so this condition is just restating the requirement. ((3)) Vehicles shall be parked in the side or rear yard only. 2 Requiring the vehicles to be parked in the side or rear yard only will prevent the vehicles from being parked in the front parking lot which is more visible from the public right-of-way. City Code requires that all storage be limited to the side or rear yard, so this requirement is expanding off that. ((4)) Vehicles shall be under a gross vehicle weight of 26, 000 pounds. The petitioner provided staff with weighs of typical buses used for their business. Based on information provided, a typical school bus weights 26,000 pounds. Though the petitioner plans to store small buses on the subject property which weigh approximately 12,000 pounds, staff determined that the maximum size vehicle we would think is reasonable to be included in the "fleet vehicle" category should weigh 26,000 pounds or less. Any vehicle larger would be more appropriately parked or stored in an M-3, Outdoor Intensive Heavy Industrial zoning district. ((5)) The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. City staff wants to ensure that parking demands for the existing uses within the building are met before additional stalls are dedicated for parking of fleet vehicles. So, if a particular business is required to have 20 parking stalls based on the of�ce, manufacturing and storage space within the building, and the business needs to have 5 stalls for fleet vehicles, they would be required to have 25 parking stalls on- site. ((6)) The parking area shall be properly lit, with shielded and downcast lighting and properly secured. For security reasons it's important to have the area where fleet vehicles are parked lit and secured. Securing the area could be through the use of fencing, cameras, alarm system, etc. Ms. Stromberg stated staff has determined that the above-mentioned conditions are necessary for the proposed accessory use to meet the purpose and intent of the zoning ordinance. Ms. Stromberg stated of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other accessory uses within the district. Accessory uses, are just that, accessory to the principal use of the property. Off-street parking is considered an accessory use, as are off-street loading facilities and business signs for uses permitted. Staff would consider the parking of fleet vehicles an extension of the off-street parking accessory use as long as the conditions we have laid out can be met. This type of accessory use; would be considered reasonable to be allowed in the M-1 and M-2 zoning districts, without causing disruption to the neighboring properties and uses. Ms. Stromberg stated staff finds that the extension of the Voigt Bus Service business onto the subject property with the parking of fleet vehicles as an accessory use would comply with the conditions set forth in the proposed text amendment. This re-utilization of the subject property will improve the overall condition of the property, and by approving this text amendment, the City will bring into compliance several other businesses within the City. Ms. Stromberg stated staff also reviewed the site to ensure that parking demands will be met. The total square footage of the building is 5,768 square feet. Office space within the building will be 1,600 square feet; and the remaining area will be used for storage of buses. Therefore, code would require 8 parking stalls for the building. The petitioner is providing 30 parking stalls in front of the building, which is well over what Code would allow. Ms. Stromberg stated as a result of this request, the petitioner will be required to comply with landscaping requirements for the subject property. The site will require the installation of a total of 37 trees. Staff has agreed to allow the petitioner to install 15 trees now with the proposed improvements to the east side of the site and at which time the proposed grassy area to the west develops; the additiona122 trees will need to be planted. Ms. Stromberg stated she did receive one call from a neighboring property owner who wanted to know how many buses were going to be stored at the Central Avenue site, and he wanted to know if all the buses would be running for long periods of time, i.e., in the morning. Also, if the buses would be leaving the site at once. Ms. Stromberg was able to tell the neighboring property owner the petitioner is proposing to have about 20 buses stored outside at this site but she deferred to the petitioner to answer the other questions. Ms. Stromberg stated City Staff recommends approval of the text amendment as the proposed accessory use is consistent with the purpose and intent of the M-land M-2 zoning code. Commissioner Oquist asked about Condition No. 4, vehicles shall be under the gross weight of 26,000 pounds. Ms. Stromberg indicated that is for the buses, but this is a text amendment for the City. What if someone wanted to store a large moving van, is that 26,000 pounds? If they limit that to that amount, someone could come back later and ask them to change that? They might want to look at that 26,000 and see ifthat adequate. Ms. Stromberg replied the petitioner did tell staff that a large school bus generally weighs 26,000 pounds. The petitioner is not asking to store large school buses here, he is asking to store smaller school buses at this location. Therefore, staff thought that anything smaller than a regular sized large school bus would be adequate to be stored in an M-1, M-2 zoning district. Chairperson Kondrick stated what about a big moving van or McGarvey van? Ms. Stromberg stated she thinks that a 26,000 lb. limit is rather large already, and she did not think the City would want to go over more than that. Any vehicle larger would be more suited for an M-3, Outdoor Intensive use. Commissioner Sielaff asked whether someone could apply for a special use permit? Ms. Stromberg replied, no, this would be the requirement. If they cannot go under 26,000 lbs., that would not be the right location for them. Commissioner Saba stated it would be for service vehicles and buses, etc. Chairperson Kondrick asked, how is it lit there now? Ms. Stromberg replied, that is a good question and deferred it to the petitioner. Chairperson Kondrick stated the petitioner will need to know what he needs to do in the future. He wants to make sure it is properly lit. Chairperson Kondrick stated he was also wondering in the morning how many buses are idling for an hour? � Commissioner Sielaff stated he had some concern about that, too. This is a text amendment. The question he had was regarding the operation of the buses, is there a way for regulating them so it is not a nuisance to the surrounding property owners? Ms. Stromberg replied, the City does have a noise and odor ordinance that could possibly address those issues. She did not think it was necessary to add another condition? Commissioner Sielaff stated this has come up with others. Ms. Stromberg replied, yes, we've had to enforce the noise and odor ordinance on other properties. Chairperson Kondrick stated but it is in an M-1, M-2 area. Ms. Stromberg stated Staff can certainly take complaints and then try to address them. Butch Voigt, Petitioner, stated as far as the lighting, right now they have wallpacks on the building, one on the north and one on the south and midway through the lot there is a pole-mounted light. Chairperson Kondrick asked whether there is enough lighting for the buses, for the police, so they can see what is going on and help protect the property, etc.? Mr. Voigt replied, he thinks it is marginal. His intent is to add two more lights. Chairperson Kondrick asked the petitioner whether they have a video camera? Mr. Voigt replied, not at the present time. They have discussed putting them in. They were also concerned that they did not shine the lights the wrong way and have them shine on the neighbors. Commissioner Sielaff asked don't we have a certain ordinance to address the lighting? Ms. Stromberg replied, yes, we do. Commissioner Sielaff stated so they would have to comply with the ordinance. Ms. Stromberg replied, yes. Chairperson Kondrick asked how long do the buses run in the morning? Mr. Voigt replied, maybe five minutes. They are plugged in or have heaters on. They are ready to go. They are very conscious of that. Some vehicles have only five minutes of idling time and then they automatically shut of£ Also, they do not plan on doing a lot of entering and exiting on Osborne. Chairperson Kondrick asked the petitioner about planting the trees. What is his timetable? Mr. Voigt replied, if they look at their other facility, they take great pride in their facility. They have no problem with 15 trees in the front. Hopefully they can do that this fall. Chairperson Kondrick asked whether they would be planting the additiona122 trees in the spring? Mr. Voigt replied, if you look at at the green area in the back of the building, there are two commercial buildings that will see this area. He is asking why are they are being penalized with putting up trees? There is no real value of shading or screening. After they get done with the Rice Creek review and construct the pond, etc. then they are going to put top soil and some type of trees. Eventually they want to put the buses inside a building they will build in this area. Chairperson Kondrick asked what did staff discuss in terms of time? Ms. Stromberg replied, they discussed that the trees would need to be installed at which time they do a building on that side of the lot. That could be next year or in five years from now. That would be the time that those trees would need to be installed. Commissioner Sielaff stated is there a storm water runoff plan required of the Rice Creek Watershed? Ms. Stromberg replied, yes. Commissioner Sielaff asked whether there is an existing one now? Ms. Stromberg replied they have or they will be submitting plans to Rice Creek and to the City for runoff. Mr. Voigt replied they do have an application into the Rice Creek Watershed District right now. Chairperson Kondrick asked the petitioner whether he felt the conditions are reasonable? Mr. Voigt replied, he has and they are good. He thinks the 26,000 pounds might be a little light, but overall the conditions are good and the 26,000 pounds will work and keep the really big vehicles off the property. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:34 P.M. Chairperson Kondrick stated he thinks the staff did a great job making sure both the customer, the City, and the neighbors are protected. Commissioner Saba stated he is fine with it. Commissioner Sielaff stated he is fine with it. Commissioner Oquist stated the 26,000 pounds might be a little light, but we will see. MOTION by Commissioner Oquist approving Te�t Amendment, TA #10-01, by Voigt's School Bus Services Inc., to allow parking of fleet vehicles in the M-1, Light Industrial and M-2, Heavy Industrial zoning districts, provided specific code requirements can be met, generally located at 7600 Central Avenue NE. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. � 2. Consideration of a Vacation, SAV #10-02, by Faulkner Construction, to allow the vacation of utility easements for the purpose of relocation of said easements over parcels, generally located at 6352 Central Avenue and 1271 East Moore Lake Drive. Ms. Stromberg stated as the Planning Commission will recall, Faulkner Construction Inc., was recently granted a Master Plan Amendment for the properties located at 6352 Central Avenue and 1271 East Moore Lake Drive, to allow the construction of an assisted living and memory care facility. The property is proposed to be done in two phases, with the building on Central Avenue to be constructed first and the building on East Moore Lake Drive to be constructed second. Ms. Stromberg stated while preparing civil engineering plans for the subject properties, it was determined that there are utilities that will need to be moved on site and associated portions of easements that will need to be vacated to make way for the new buildings to be constructed. New descriptions of easements will then define exactly what remains on the site for the drainage and utility easements. This discovery led to discussion and collaboration between the petitioner's Civil Engineer and the City Engineer to assure that the buildings could still be built, while allowing enough easement area to remain to serve both the private property and City interests. Attached you will find an easement e�ibit that shows which portions of the existing easement need to be vacated. Also attached are the legal descriptions of the portions of the easements to be vacated and the descriptions of the proposed drainage and utility easement. Ms. Stromberg stated the HRA closed on the sale of its property to Faulkner Development on Tuesday July 6, 2010. On Monday, July 19, 2010, Faulkner closed on the bank financing for the entire project. It is that tree removal and soil corrections will commence very soon. Ms. Stromberg stated City Staff recommends approval of SAV #10-02 as proposed in the easement e�ibit prepared by Jason F. Rud, E.G. Rud & Sons, Inc., approved by our engineering staff, and dated 7/6/2010. Chairperson Kondrick asked what are the easements for? Ms. Stromberg replied, mainly they are related to water and sewer connections and drainage easements for the water. Chairperson Kondrick stated so staff has thought about that and decided they can change things and keep the residents around there happy and keep the petitioner happy? Ms. Stromberg replied, exactly. Yes. Chairperson Kondrick asked who is going to pay for this? Ms. Stromberg replied, for creating the documents to move the easements, the petitioner will. Commissioner Oquist stated these are for strictly water utility easements, not power line easements? Ms. Stromberg replied, well, they could be. The City Engineer is not here tonight so she is not exactly sure what utilities are in the easements, but she does know there is a water line that goes through and obviously the City Engineer would not allow these areas to be vacated if we needed them. There are still several easements on the properiy that the Commission is not seeing on the map. These utilities also furnish the surrounding businesses. 7 Commissioner Saba stated he has no problem with this. MOTION by Commissioner Saba recommending the Consideration of a Vacation, SAV # 10-02, by Faulkner Construction, to allow the vacation of utility easements for the purpose of relocation of said easements over parcels, generally located at 6352 Central Avenue and 1271 East Moore Lake Drive. Seconded by Councilmember Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the May 11, 2010, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the June 2, 2010, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary � � CfTY OF FRIaLE7 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 Date: August 17, 2010 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR #10-05, Unity Hospital INTRODUCTION The petitioner, Mr. Brenny of HDR Architecture Inc., who is representing Unity Hospital, is seeking a variance to reduce the width of parking stalls on the Unity Campus from the code required 10 feet to 9 feet. The reason for the request is a result of the hospital undertaking a Campus Site Enhancement Project. Unity Hospital is located at 550 Osborne Road. PROPOSED PROJECT (as described bv the petitioner) "The Campus Site Enhancement project will include the rework of the front entrance drive, internal site circulation, and parking layouts. The project will include enhancements for vehicular and pedestrian flow on site and promote a greater campus presence for the Community of Fridley. The project will improve pedestrian safety by providing a greater number of parking stalls within close proximity to the Hospital entrances and bring accessible parking stalls into full compliance with current code requirements. The pedestrian and vehicular experience from the entrance drive to the arrival at the frontdoorwillbe ��_��--�x .._.... xu..... x.. improved by creating a sense of place on site by strengthening the campus edge treatments and adding green space with landscaping points of interest. The project will also provide a commitment to the larger community by providing rain gardens for treatment of storm water run-off, a perimeter wellness path, and increased green space at C7pEt�J Sf�RCE ANC} B€�FFEFI SYSTEP�9 :::.:::.:: xi.. a u v Es,w, , � r...,�.:.,,. x . .. ,s� _< � .. ....,.�i ..x .,iihv+*..=.Ec��3c � �t �� F�,� �<3:� � � �.,� � �. �: �. � s� ' �:r fi �,�rr� ,a�.; �i r ,u,�I W3.t�:�rv . . . ... ... .... the boulevard off of Osborne Road. The wellness path is intended to serve the Hospital and City to promote healthier residents, staff, visitors, and patients." CODE REQUIRMENTS City Code requires that all parking stalls be a minimum of 10 feet in width. The petitioner is seeking to reduce the parking stall width to 9 ft. for all parking lot areas on the Unity Campus, including properties owned by the Professional Building and the Fridley Medical Center. Though a variance has never been granted in the past to allow anything other than 10 ft. parking stalls on this site, field measurements provided by the petitioner and done by staff indicate that a majority of the stalls on site are between 8.5 ft and 9 ft. wide. Similar variances have been granted in the past to reduce the width of parking stalls from 10 ft. to 9 ft. for long term or employee parking. Variances to reduce the size of a parking stall to 9 ft. have been granted at the Cummins building, previously Onan at 1400 73rd Avenue, the old Van-O-Lit building at 5943 University Avenue, and Totino Grace High School. The City has also approved a Master Plan Amendment at Columbia Park Clinic, now Fairview to allow 9 ft. parking stalls. One exception was made to require 10 ft. stalls for those stalls immediately adjacent to the building, with the idea that those would be the stalls that most frequently turnover. A Master Plan Amendment was also approved at the Cummins Building, located at 6499 University Avenue, directly north of City Hall, to allow 9 ft. parking stalls. Most recently the City approved a rezoning to a PUD, Planned Unit Development for the Cub Foods property at 250 57th Avenue to allow a 9 ft. parking stalls in a retail development. Consequently, the City has seen this type of request on several different occasions by several types of users. Though the City code currently does require a 10 ft. wide parking stall, it does appear that a 9 ft. stall does work in many situations and may be becoming the new standard. It has existed on the subject property as an existing non-conformity with no known complaints from patients or employees. It is also reasonable to believe that this standard may become more common as City's and Watershed Districts have become more interested in preserving the green space necessary for storm water treatment. APPEALS COMMISSION RECOMMENDATION At the August 4, 2010, Appeals Commission meeting, a public hearing was held for VAR #10-05. After a brief discussion, the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to the start of the Site Enhancement project; this will include at minimum a land alteration permit from the City. 2. Parking shall comply with ADA requirements. 3. The petitioner shall comply with any Fire code requirements set forth by the Fire Marshal for the proposed site enhancement project. 4. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of a land alteration permit. 5. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and Fridley Medical Center building. 6. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. City of Fridley Land Use Application VAR #10-05 GENERAL INFORMATION Applicant: HDR Architecture Inc. Shawn Brenny 444 Cedar Street, Suite 1900 St. Paul MN 55101 Requested Action: Variance reducing the width of parking stalls Existing Zoning: R-1 (Single Family) Location: 550 Osborne Road (Unity Hospital) Size: 1,064,000 sq. ft. 24.42 acres (Hospital Property Only) Existing Land Use: Medical Campus - Hospital and Clinic Buildings Surrounding Land Use & Zoning: N: City of Spring Lake Park E: Medical Clinics & R-1 & C-R-1 S: Single Family R-1 W: Single Family R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.03.57 requires that all parking stall be a minimum of (10) ten feet wide. Zoning History: 1965 — Hospital constructed. There have been several additions and special use permits granted since the hospital was constructed in 1965, see report. 1974 — Medical Building was constructed. 1974 — Skyway from medical building to hospital was constructed. 1983 — Building addition to medical building. Several Special Use Permits have been issued over the years. Lot platted in 2009. Legal Description of Property: Lot 3A, Block 1, Unity Addition, except road, subject to easement of record. Public Utilities: Buildings are connected. August 4, 2010 SPECIAL INFORMATION Transportation: The property currently receives access from Osborne Road. Lvric Lane, and Madison Street. Physical Characteristics: Buildings, parking areas and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Brenny of HDR Architecture Inc., who is representing Unity Hospital, is seeking a variance to reduce the width of parking stalls on the property owned by the hospital from 10 feet to 9 feet as a result of the hospital undertaking a campus site enhancement project. Unity Hospital is located at 550 Osborne Road SUMMARY OF HARDSHIP "The requirement of the 10 ft. parking stall will create hardships in achieving the governing principles of the Campus Site Enhancement project." — see more detailed summary of hardship in the written report and in the attached materials. - Shawn Brenny SUMMARY OF ANALYSIS City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted through a master plan amendment: • MP #03-01 6341 University Avenue Width of parking stalls reduced from 10 feet to 9 feet, except for those directly adjacent to the building. CITY COUNCIL ACTION/ 60 DAY DATE City Council — August 23, 2010 60 Day — August 30, 2010 Staff Report Prepared by: Stacy Stromberg VAR #10-05 RE UEST The petitioner, Mr. Brenny of HDR Architecture Inc., who is representing Unity Hospital, is seeking a variance to reduce the width of parking stalls on the Unity Campus from the code required 10 feet to 9 feet. The reason for the request is a result of the hospital undertaking a Campus Site Enhancement Project, which will be described below. Unity Hospital is located at 550 Osborne Road. SUMMARY OF HARDSHIP "The requirement of a 10 ft. parking stall width will create hardship in achieving the governing principles of the project. First, a 10 ft. stall width will increase the travel distances for the patient population which have medical conditions and arrive in vulnerable states. Second, the increased stall width will increase the amount of pervious surface required for parking and will cause detriment to the amount of impervious area available for treatment of stormwater run-off, landscape edge treatments, green space at Osborne, and the wellness path. Third, the quantity of parking available at the front entrance for patients and visitors will be reduced by over 8% if a 10 ft. stall width and the current proposed parking limits are maintained." - Shawn Brenny, HDR Architecture PROPOSED PROJECT (as described bv the petitioner) "The Campus Site Enhancement project will include the rework of the front entrance drive, internal site circulation, and parking layouts. The project will include enhancements for vehicular and pedestrian flow on site and promote a greater campus presence for the Community of Fridley. The project will improve pedestrian safety by providing a greater number of parking stalls within close proximity to the Hospital entrances and bring accessible parking stalls into full compliance with current code requirements. The pedestrian and vehicular experience from the entrance drive to the arrival at the front door will be improved by creating a sense of place on site by strengthening the campus edge treatments and adding green space with landscaping points of interest. The project will also provide a commitment to the larger community by providing rain gardens for treatment of storwater run-off, a perimeter wellness �:,�x F..�r�.v 1,�3 . �z.��r�� � �������x� �F., � ,�,, ��, t. � <:�� ,». #.. � 3—"C x: ta ..t£'� . . �= £ � y..�..t . �. ,. � }... � Cx ,rr ,�i7 ra.,: +; rv t r .v.. � . . . .. . .. . .... .... path, and increased green space at the boulevard off of Osborne Road. The wellness path is intended to serve the Hospital and City to promote healthier residents, staff, visitors, and patients." SITE DESCRITPTION & HISTORY The subject property is zoned R-1, Single Family as are all of the surrounding properties, with the exception of the property where the existing Fridley Medical Center property is located to the east, which is zoned, CR-1, General Office. The property is located on Osborne Road, east of University Avenue and is approximately 35 acres in size when including the land in which the Professional Building is located on. The hospital was originally constructed in 1965. Also, located on the property is a maintenance garage. Additions to the hospital have occurred in 1967, 1970, 1971, 1980, 1981, 1982, 1985, 1991, 1993, 1996, and 1999, 2003, and 2006. Special use permits were granted in 1984, 1993, 1995, 1999, 2003, 2006, and 2008 to allow expansions of a hospital use in a residentially zoned district. The professional building and the skyway that attaches the professional building to the hospital were constructed in 1974. There was a building addition to the professional building in 1983. All of the properties within the Unity Hospital campus are owned by the North Suburban Hospital District. The following special use permits have been granted to allow the expansion of the Unity Hospital campus. • In 2003, the City Council approved a special use permit to allow a 2,375 square foot expansion to the Radiation Therapy Center which is located on the south side of the hospital building. • In 2006, the City Council approved a plan for the Hospital's Emergency Department that allowed for the remodel of 11,000 square feet and an approximate 9,600 square foot addition. In 2008, the City Council approved a special use permit to allow the construction of 19,000 square foot Virginia Piper Cancer Center. In 2009, the City Council approved a plat and a special use permit to allow the Fridley Medical Center to build a new building on the Unity Hospital Campus. The plat allowed the Fridley Medical Center to then purchase the lot in which there building is located. The new building in 60,000 sq. ft. is size and will be primarily occupied by Fridley Medical Center and the Virginia Piper Cancer Institute. CODE REQUIREMENTS City Code requires that all parking stalls be a minimum of 10 feet in width. The petitioner is seeking to reduce the parking stall width to 9 ft. for all parking lot areas on the Unity Campus, including properties owned by the Professional Building and the Fridley Medical Center. Though a variance has never been granted in the past to allow anything other than 10 ft. parking stalls on this site, field measurements provided by the petitioner and done by staff indicate that a majority of the stalls on site are between 8.5 ft and 9 ft. wide. The petitioner had SRF Consulting Group, Inc., complete a campus wide parking analysis to determine the parking needs and requirements for the entire Unity Hospital Campus. Campus wide, currently there are 1,655 parking stalls. The Enhancement project will include re- work of existing parking lots/drive aisles and the construction of new parking areas. As a result, the site will end up with a total of 1,869 parking stalls. City Code requires 1,746 parking stalls based on a 1 stall per every 250 square feet of inedical/office space. Based on the parking numbers and site plan provided by the petitioner, the site meets its parking requirements. SRF noted that though the campus as a whole has a surplus of 123 parking stalls, when the Unity Professional Building was calculated on its own, it will fall short of ineeting its parking requirements by 59 stalls. However, this can be mitigated with the shared parking provided by the additional parking lot (Lot G') provided by the Fridley Medical Center along 5th Street. Similar variances have been granted in the past to reduce the width of parking stalls from 10 ft. to 9 ft. for long term or employee parking. Variances to reduce the size of a parking stall to 9 ft. have been granted at the Cummins building, previously Onan at 1400 73rd Avenue, the old Van- O-Lit building at 5943 University Avenue, and Totino Grace High School. The City has also approved a Master Plan Amendment at Columbia Park Clinic, now Fairview to allow 9 ft. parking stalls. One exception was made to require 10 ft. stalls for those stalls immediately adjacent to the building, with the idea that those would be the stalls that most frequently turnover. A Master Plan Amendment was also approved at the Cummins Building, located at 6499 University Avenue, directly north of City Hall, to allow 9 ft. parking stalls. Most recently the City approved a rezoning to a PUD, Planned Unit Development for the Cub Foods property at 250 57th Avenue to allow a 9 ft. parking stalls in a retail development. Consequently, the City has seen this type of request on several different occasions by several types of users. Though the City code currently does require a 10 ft. wide parking stall, it does appear that a 9 ft. stall does work in many situations and may be becoming the new standard. It has existed on the subject property as an existing non-conformity with no known complaints from patients or employees. It is also reasonable to believe that this standard may become more common as City's and Watershed Districts have become more interested in preserving the green space necessary for storm water treatment. The petitioner's request would be most closely aligned with the Master Plan Amendment request approved for Columbia Park Medical Group (Fairview) as the use is most similar. City staff hasn't heard from any neighboring property owners. OTHER CITIES REQUIREMENTS Name of City Stall Width Requirement Columbia Heights 9 ft. Coon Rapids 9 ft. Eagan 10 ft. stalls, however the Council has allowed 9 ft. stalls for facilities with low-turnover Fridley 10 ft. Inver Grove Heights 9 ft. Lino Lakes 9 ft. Mounds View 9 ft. New Brighton 9 ft. Spring Lake Park 9 ft. RECOMMENDATION City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted through a master plan amendment: • MP #03-01 6341 University Avenue Width of parking stalls reduced from 10 feet to 9 feet, except for those directly adjacent to the building. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to the start of the Site Enhancement project; this will include at minimum a land alteration permit from the City. 2. Parking shall comply with ADA requirements. 3. The petitioner shall comply with any Fire code requirements set forth by the Fire Marshal for the proposed site enhancement project. 4. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of a land alteration permit. 5. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and Fridley Medical Center building. 6. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. CITY OF FRIDLEY APPEALS COMMISSION MEETING OCTOBER 14, 2009 CALL TO ORDER: Chairperson Sielaff called the Appeals Commission meeting to order at 7:03 p.m. ROLL CALL: MEMBERS PRESENT: Blaine Jones Brad Sielaff Del Jenkins Christopher Anderson MEMBERS ABSENT: Matthew Brown OTHERS PRESENT: Stacy Stromberg, City Planner Shawn Brenny, HDR Architecture, Inc. Jon Namyst, Unity Hospital, 550 Osborne Road NE APPROVAL OF MINUTES: July 10, 2010 MOTION by Commissioner Jenkins, seconded by Commissioner Jones, to approve the minutes. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. PUBLIC HEARING: l. Consideration of a Variance, VAR #10-05, by HDR Architecture, Inc., for Unity Hospital, to reduce the parking stall width size from 10 feet to 9 feet throughout the Unity Hospital campus, generally located at 550 Osborne Road. MOTION by Commissioner Jenkins to open the public hearing. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING WAS OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, stated the petitioner, Shawn Brenny of HDR Architecture Inc., representing Unity Hospital, is seeking a variance to reduce the width of parking stalls on the Unity Campus from the code required 10 feet to 9 feet. The reason for the request is a result of the hospital undertaking a Campus Site Enhancement Project. Unity Hospital is located at 550 Osborne Road. Ms. Stromberg stated the petitioner's summary of hardship reads, "The requirement of a 10 ft. parking stall width will create hardship in achieving the governing principles of the project. First, a 10 ft. stall width will increase the travel distances for the patient population which have medical conditions and arrive in vulnerable states. Second, the increased stall width will increase the amount of pervious surface required for parking and will cause detriment to the amount of impervious area available for treatment of stormwater run-off, landscape edge treatments, green space at Osborne, and the wellness path. Third, the quantity of parking available at the front entrance for patients and visitors will be reduced by over 8% if a 10 ft. stall width and the current proposed parking limits are maintained." Ms. Stromberg stated as described by the petitioner, "The Campus Site Enhancement project will include the rework of the front entrance drive, internal site circulation, and parking layouts. The project will include enhancements for vehicular and pedestrian flow on site and promote a greater campus presence for the Community of Fridley. The project will improve pedestrian safety by providing a greater number of parking stalls within close proximity to the Hospital entrances and bring accessible parking stalls into full compliance with current code requirements. The pedestrian and vehicular experience from the entrance drive to the arrival at the front door will be improved by creating a sense of place on site by strengthening the campus edge treatments and adding green space with landscaping points of interest. The project will also provide a commitment to the larger community by providing rain gardens for treatment of storwater run-off, a perimeter wellness path, and increased green space at the boulevard off of Osborne Road. The wellness path is intended to serve the Hospital and City to promote healthier residents, staff, visitors, and patients." Ms. Stromberg stated the subject property is zoned R-1, Single Family, as are all of the surrounding properties, with the exception of the property where the existing Fridley Medical Center property is located to the east, which is zoned, CR-1, General Office. The property is located on Osborne Road, east of University Avenue and is appro�mately 35 acres in size when including the land in which the Professional Building is located on. The hospital was originally constructed in 1965. Also, located on the property is a maintenance garage. Additions to the hospital have occurred in 1967, 1970, 1971, 1980, 1981, 1982, 1985, 1991, 1993, 1996, and 1999, 2003, and 2006. Special use permits were granted in 1984, 1993, 1995, 1999, 2003, 2006, and 2008 to allow expansions of a hospital use in a residentially zoned district. Ms. Stromberg stated the professional building and the skyway that attaches the professional building to the hospital were constructed in 1974. There was a building addition to the professional building in 1983. All of the properties within the Unity Hospital campus are owned by the North Suburban Hospital District. Ms. Stromberg stated the following special use permits have been granted to allow the expansion of the Unity Hospital campus. • In 2003, the City Council approved a special use permit to allow a 2,375 square foot expansion to the Radiation Therapy Center which is located on the south side of the hospital building. • In 2006, the City Council approved a plan for the Hospital's Emergency Department that allowed for the remodel of 11,000 square feet and an approximate 9,600 square foot addition. • In 2008, the City Council approved a special use permit to allow the construction of 19,000 square foot Virginia Piper Cancer Center. • In 2009, the City Council approved a plat and a special use permit to allow the Fridley Medical Center to build a new building on the Unity Hospital Campus. The plat allowed the Fridley Medical Center to then purchase the lot in which there building is located. The new building in 60,000 sq. ft. is size and will be primarily occupied by Fridley Medical Center and the Virginia Piper Cancer Institute. Ms. Stromberg stated City Code requires that all parking stalls be a minimum of 10 feet in width. The petitioner is seeking to reduce the parking stall width to 9 feet for all parking lot areas on the Unity Campus, including properties owned by the Professional Building and the Fridley Medical Center. Although a variance has never been granted in the past to allow anything other than 10-foot parking stalls 2 on this site, field measurements provided by the petitioner and done by staff indicate that a majority of the stalls on site are between 8.5 feet and 9 feet wide. The petitioner had SRF Consulting Group, Inc., complete a campus wide parking analysis to determine the parking needs and requirements for the entire Unity Hospital Campus. Ms. Stromberg stated campus wide, currently there are 1,655 parking stalls. The Enhancement project will include re-work of existing parking lots/drive aisles and the construction of new parking areas. As a result, the site will end up with a total of 1,869 parking stalls. City Code requires 1,746 parking stalls based on a 1 stall per every 250 square feet of inedical/office space. Based on the parking numbers and site plan provided by the petitioner, the site meets its parking requirements. Ms. Stromberg stated SRF noted that although the campus as a whole has a surplus of 123 parking stalls, when the Unity Professional Building was calculated on its own, it will fall short of ineeting its parking requirements by 59 stalls. However, this can be mitigated with the shared parking provided by the additional parking lot (Lot G) provided by the Fridley Medical Center along St'' Street. Ms. Stromberg stated similar variances have been granted in the past to reduce the width of parking stalls from 10 feet to 9 feet for long term or employee parking. Variances to reduce the size of a parking stall to 9 feet have been granted at the Cummins building, previously Onan at 1400 - 73rd Avenue, the old Van-O-Lite building at 5943 University Avenue, and Totino-Grace High School. Ms. Stromberg stated the City has also approved a Master Plan Amendment at Columbia Park Clinic, now Fairview, to allow 9-foot parking stalls. One exception was made to require 10-foot stalls for those stalls immediately adjacent to the building, with the idea that those would be the stalls that most frequently turn over. A Master Plan Amendment was also approved at the Cummins Building, located at 6499 University Avenue, directly north of City Hall, to allow 9-foot parking stalls. Most recently the City approved a rezoning to a PUD, Planned Unit Development for the Cub Foods property at 250 - 57tn Avenue to allow 9-foot parking stalls in a retail development. Ms. Stromberg stated, consequently, the City has seen this type of request on several different occasions by several types of users. Though the City Code currently does require a 10-foot wide parking stall, it does appear that a 9-foot stall does work in many situations and may become the new standard. It has existed on the subject property as an existing non-conformity with no known complaints from patients or employees. It is also reasonable to believe that this standard may become more common as cities and watershed districts have become more interested in preserving the green space necessary for storm water treatment. Ms. Stromberg stated the petitioner's request would be most closely aligned with the Master Plan Amendment request approved for Columbia Park Medical Group (Fairview) as the use is most similar. Ms. Stromberg presented a survey conducted by staff as to what other suburbs require for stall width. OTHER CITIES REQUIREMENTS Name of City Columbia Heights Coon Rapids Eagan Inver Grove Stall Width Requirement 9 ft. 9 ft. 10 ft., however the Council has allowed 9 ft. stalls for facilities with low-turnover 10 ft. 9 ft. Lino Lakes 9 ft. Mounds View 9 ft. New Bri hton 9 ft. S rin Lake Part 9 ft. Ms. Stromberg stated City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff has no recommendation as this variance is within previously granted dimensions. Similar variances granted through a master plan amendment: • MP #03-01 6341 University Avenue Width of parking stalls reduced from 10 feet to 9 feet, except for those directly adjacent to the building. Ms. Stromberg stated Staff recommends that if the variance is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to the start of the Site Enhancement project; this will include at minimum a land alteration permit from the City. 2. Parking shall comply with ADA requirements. 3. The petitioner shall comply with any Fire code requirements set forth by the Fire Marshal for the proposed site enhancement project. 4. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of a land alteration permit. 5. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and Fridley Medical Center building. 6. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. Chairperson Anderson asked when was the 10-foot stall width code started? Ms. Stromberg replied, code has always required 10 feet. Probably since the 1960's. Commissioner Anderson asked whether the City is considering changing the Code any time soon? Ms. Stromberg replied it might be something the City wants to consider. Commissioner Sielaff asked regarding the shared parking, is there an evaluation as to when that parking is used? Ms. Stromberg asked, such as a survey as to when the parking lot is used? Commissioner Sielaff asked if the parking lots were being used at the same time is that analyzed as to when used? Ms. Stromberg replied the parking analysis that was done by SRF did go into great detail on that, and there will be plenty of parking with this new lot being constructed by Fridley Medical Center and then Unity is actually constructing another lot. The whole campus is going to have more than 100 parking stalls that they are required to have. Commissioner Anderson asked when she references that they are short 59 stalls, is that based on a 9 foot or 10 foot wide stall? 0 Ms. Stromberg replied, the Unity Professional Building is actually the building that is short those parking stalls, and those are based on a 9-foot stall. Commissioner Sielaff asked the petitioner if he has seen the stipulations? Shawn Brenny, HDR Architecture, Inc., replied, yes, and they have already been working through the majority ofthem. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Jenkins. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:17 P.M. Commissioner Jenkins stated it seems reasonable. Commissioner Jones stated he had no problems with this. Commissioner Anderson stated he had no problems. MOTION by Commissioner Jenkins approving Variance, VAR # 10-05, by HDR Architecture, Inc., for Unity Hospital, to reduce the parking stall width size from 10 feet to 9 feet throughout the Unity Hospital campus, generally located at 550 Osborne Road with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to the start of the Site Enhancement project; this will include at minimum a land alteration permit from the City. 2. Parking shall comply with ADA requirements. 3. The petitioner shall comply with any Fire code requirements set forth by the Fire Marshal for the proposed site enhancement project. 4. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of a land alteration permit. 5. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and Fridley Medical Center building. 6. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMISSION AND CITY COUNCIL ACTIONS: The Faulkner Construction project (senior assisted living) on Central Avenue and East Moore Lake Drive is underway. Trees are being cleared and soil corrections have started. 3. OTHER BUSINESS: The A-ABCO variance for fence height was approved by the City Council. The next Appeals Commission meeting is scheduled for September 1, 2010. ADJOURNMENT: MOTION by Commissioner Jones seconded by Commissioner Anderson, to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MEETING ADJOURNED AT 7:20 P.M. Respectfully submitted by, Denise M. 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Burns, City Manager FROM: Scott J. Hickok, Community Development Director Ron Julkowski, Building Official SUBJECT: Cancel Public Hearing for hazardous building at 1280 52nd Avenue N.E. INTRODUCTION Good News! The property at 1280 52nd Avenue N.E. has been demolished, the building permit has been issued, and construction is underway. Council had originally set the public hearing for July 26, 2010, based on staff's recommendation. The hearing was then moved to August 23, 2010 for publication reasons. In the time since July 12, 2010, the homeowners have mobilized their contractors and they have completed demolition of the fire damaged home and garage. They have also obtained their building permit and have commenced construction of the new home. Staff is confident with the involvement now of the insurance company, bank, demolition and building contractors, and the strong desire of the homeowner to complete the project, the hazardous building statute will not need to be invoked by Council. CONCLUSION Staff recommends Council cancel the public hearing regarding the hazardous building located at 1280 52nd Avenue N.E. � � CfTY OF FRIaLE7 Date To From AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 August 18, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Continuance of Public Hearing for Text Amendment Request, TA #10-01, Voigt Bus Service Background At the August 9, 2010 City Council meeting, a public hearing for text amendment request, TA #10-01, was tabled so that staff could provide further information to Council. The purpose of this text amendment proposed by Darwin Voigt, of Voigt's School Bus Service, Inc., is to allow parking of fleet vehicles as an accessory use in M-1, Light Industrial, and M-2, Heavy Industrial, zoning districts. One piece of new information requested at the public hearing was a list of properties that have fleet vehicles now that would be code compliant with the change proposed in this text amendment. The attached list includes business locations that staff is aware of at the current time. The Petitioner had concerns regarding the storage of full size buses at their current facility on Osborne. Staff had an opportunity to meet with Darwin and Troy Voigt on August 17, 2010, and we have resolved any concerns regarding the impacts of the proposed amendment. Mr. Voigt was correct in that there was a stipulation on the 1993 plat, which resulted in the development of their current bus storage facility on Osborne Road, that allows them to store their buses in the rear yard of their existing facility on Osborne Road, so long as the busses are screened from view and are parked on a hard surface. The proposed text amendment won't change anything in regard to their existing site. What the text amendment will do is allow the petitioner's to park busses, under 26,000 Ibs. on the Anderson Trucking site in the side or rear yard, as long as they are parked on a hard surface. This is exactly what the petitioner was hoping to be able to do on this site and it will not only benefit them, but other businesses in Fridley that have the need to store fleet vehicles overnight on their site. Another piece of information requested by Council was a survey done by the City of Eagan regarding how other Cities handle the storage of fleet vehicles. Staff had failed to include it in the previous presentation. It is now attached for your review. There were questions at the August 9 pubic hearing regarding the text amendment not requiring screening. While the petitioner plans to have their bus storage area screened from view of the street, this is not a requirement in the text amendment language as proposed. Looking at those properties that currently have fleet vehicles on site, it is staff's opinion that the screening over time would be more of an eyesore than the vehicles. Since all vehicles must be operable and licensed, storage of fleet vehicles should be no more unsightly that the parking of employee or customer vehicles. As stated at the previous hearing, staff prefers to see vehicle parking areas well lit and visible from the public right of way to discourage crime. Planning Commission Recommendation At the July 21, 2010, Planning Commission meeting, a public hearing was held for TA #10-01. After a brief discussion, the Planning Commission recommended approval of TA #10-01. No stipulations are attached. THE MOTION CARRIED UNANIMOUSLY. Staff Recommendation City Staff continues to recommend concurrence with the Planning Commission. The City Council will need to remove TA #10-01 from the table to resume the public hearing for this text amendment. � � �ff1' 4F FRIDLE7` Date: To: From: Subj ect: Properties AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 August 19, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Tabled Public Hearing for SP# 03-24, Wallboard, Inc., and SP# 10-03, Blue Water Background At the August 9 City Council meeting, the Public Hearing regarding two of ten special use permits considered for revocation was tabled for further discussion. These two permits were: SP# 03-24 for Wallboard, Inc., located at 5346 Industrial Boulevard SP# 10-03 for Blue Water Properties, located at 7685 Main Street NE Representatives of Wallboard had requested the City Council to delay action until further discussion could occur. Staff inet with representatives of Wallboard as directed by Council yesterday. Even though both parties are in agreement with the three year plan established last year, staff has encouraged the Wallboard staff to attend the hearing. Staff continues to recommend no action to revoke the SUP for Blue Water Properties. The owner has installed screening for the outside storage area and is in compliance with their permit stipulations. Recommendation Staff recommends that the City Council remove the SUP review public hearing from the table to accommodate any further testimony regarding the status of these permits. A resolution for SP# 03-24 is attached to a separate cover memo for Council's consideration. � � �ff1' 4F FRIDLE7` Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 August 19, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Tabled SUP Revocation Resolution for Wallboard Background At the August 9 City Council meeting, the City Council held a public hearing to consider revocation of several special use permits. Decisions were tabled on two permits before council. One case involved SP# 10-03 for Blue Water Properties at 7685 Main Street. Staff had not prepared a revocation resolution for Council's consideration on this permit since between the time the staff report was prepared and the date the meeting packet was finalized the owner had installed the required screening. Staff is satisfied that the owner is in compliance with the stipulations of their SUP and does not recommend revocation. Consideration of the revocation resolution for SP#03-24 for Wallboard, Inc. located at 5346 Industrial Boulevard was tabled by the City Council. The City Council was undecided regarding this permit as the property owner had made a late hour request for the matter to be reconsidered. Staff was directed by the Council to meet directly with the owner of the property, rather than the business manager, to discuss the situation prior to the next Council meeting. Staff inet with Patricia Paraschuk, the owner of Wallboard, Inc. on August 18. Following the meeting, both staff and the owner agreed to the revocation of the 2003 (which was actually approved by Council in January 2004) permit according to the attached letter. Recommendation Staff recommends that the City Council remove the attached resolution pertaining to the revocation of SP#03-24 for Wallboard, Inc. at 5346 Industrial Boulevard from the table and approve the resolution as written. August 19, 2010 Brian Graskow Vice President Wallboard, Inc. 53467 Industrial Blvd N.E. Fridley, MN 55421 RE: Plan to Reduce or Eliminate Wallboard Inc's outdoor Storage Dear Brian: Thank you for taking the time yesterday to meet with our staff. One of the many good things to come from the meeting is the fact that we were able to see, sitting together in the same room, that both Wallboard and City staff are aligned on the 3-year program you have proposed for the Wallboard Property at, 5346 Industrial Blvd NE. Your letter of September 30, 2009 spells out the agreed upon plan and your implementation strategy for reducing or eliminating the outdoor storage from your site. City staff has agreed with both your plan and implementation strategy. As a result, the City staff would mark your site as a case in progress working towards compliance. This letter serves as validation of that agreement. As for the special use permit (SUP), this strategy does not fit neatly within the bounds of the City's standard SUP process. In January 2005 we passed your SUP's 12-month compliance deadline. Therefore, we are recommending that Council revoke that 2004 SUP, but the City will allow you to work without an SUP between now and the end of your 3-year plan in September 2012. On August 23, 2010, Council will likely conclude its public hearing on this matter during their regular Council meeting. The meeting will begin at 7:30 and you are not only welcome, but encouraged to attend. Obviously, the City's purpose in doing so is to allow you to get your proposed storage buildings built according to your schedule and by you doing so, you can then determine exactly what residual amount would remain outdoors and what size storage area you'd be requesting for your outdoor storage special use permit. We appreciate your attention to these matters and your solid plan for compliance. If by July 31, 2012, you have not completed any of the proposed buildings listed in the plan and as a result outdoor storage remains on site, a Special use permit application will then need to be initiated by your company's appropriate representative. By doing so, the SUP process will be clearly underway by the end of the proposed 3-year plan. Likewise, if after a period of 90 days a benchmark listed has past and the noted building (s) have not begun, re-evaluation of the plan will be necessary between Wallboard representatives and City staff. At that time, evaluation of the need for Council action and formal change of plan will need to be considered. Please feel free to call, it you have additional questions or concerns. Sincerely, Scott J. Hickok, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 PH: 763-572-3590 RESOLUTION NO. -2010 A RESOLUTION REVOKING SPECIAL USE PERMIT #03-24 FOR WALLBOARD, INC. TO HAVE EXTERIOR STORAGE OF MATERIALS IN AN M-2 ZONING DISTRICT, GENERALLY LOCATED AT 5346 INDUSTRIAL BLVD. WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, on Monday, January 26, 2004, the City of Fridley issued special use permit SP#03-24 for exterior storage of materials at 5346 Industrial Boulevard, legally described in Exhibit A, subj ect to six stipulations; and WHEREAS, to date, stipulations of SP#03-24 have not been met. As a result of communication from City staff regarding the need for compliance, the property owner has recently decided to instead construct buildings to house the exterior storage, which would mean a special use permit is no longer needed; and WHEREAS, City Zoning Code Section 205.OS.S.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulations of the issued permit; NOW, THEREFORE BE IT RESOLVED, that based on current conditions, the City Council of the City of Fridley hereby revokes the special use permit SP #03-24 for exterior storage of materials at Wallboard, Inc. at 5346 Industrial Boulevard. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Resolution No. 2010- Revocation of SP #03-24 for Exterior Storage Wallboard, Inc., 5346 Industrial Blvd. NE Fridley, MN 55432 Lot 1, Block 7, Great Northern Industrial Center; subj ect to easement of record. Page 2 Exhibit A � � �ff1' 4F FRIDLE7` To From Date: AGENDA ITEM CITY COUNCIL MEETING OF August 23, 2010 William W. Burns, City Manager Alan D. Folie, Acting Finance Director Debra Skogen, City Clerk August 17, 2010 Re: An Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Requiring a Holiday Endorsement for the Sale of On and Off-Sale 3.2% Malt Liquor and On-Sale Intoxicating Liquor and Chapter 11 Setting the Fee for the Holiday Endorsement City staff inet with the City Council in July to discuss on-sale intoxicating liquor sales during Christmas. Last year the Shortstop and Baggan's Pub were both cited in violation of the City Code for selling liquor during that time period. During the discussion it was suggested we remove the words "Christmas Day" and Christmas Eve" and use the words "Holiday Endorsement" instead. City Council and staff also discussed what a business day consisted of and that it did not make sense for someone to begin selling liquor at midnight on December 26th. As a result of the discussion, staff drafted an ordinance creating an endorsement to the liquor license allowing for sales between 8:00 p.m. December 24 and 2:00 a.m. December 26th for those establishments who applied for the endorsement. Due to the additional patrol officer that would be needed, it was recommended the fee for this endorsement be set at $100. Staff drafted the ordinance and provided it to the council for their review prior to the first reading. After discussion, the City Council may wish to have a motion holding the first reading of an ordinance amending Chapters 602, 603 and 606 of the Fridley City Code requiring a Holiday Endorsement for the Sale of On and Off-Sale 3.2% Malt Liquor and On-Sale Intoxicating Liquor and Chapter 11 Setting the Fee for the Holiday Endorsement. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE REQUIRING A HOLIDAY ENDORSEMENT FOR THE SALE OF ON AND OFF- SALE 3.2% MALT LIQUOR AND ON-SALE INTOXICATING LIQUOR AND CHAPTER 11 SETTING THE FEE FOR THE HOLIDAY ENDORSEMENT The Fridley City Council hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: SECTION 1: That Chapter 602 be hereby amended as follows: CHAPTER 602. 3.2% MALT LIQUOR 602.09. HOURS 1. Closing Hours. No sale of 3.2% malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. No sale may be made , ; . . , between the hours of 8:00 p.m. December 24th throu�h 2:00 a.m. December 26th without a Holidav Endorsement. A. Holidav Endorsement. A Holidav Endorsement allows an establishment the abilitv to sell on-sale intoxicating liquor durin� the hours listed above in this section. B. If an establishment has a joint 3.2% malt liquor license and a wine license, they mav a�lv for one holidav endorsement to cover both licenses. SECTION 2: That Chapter 603 be hereby amended as follows: CHAPTER 603. 1NTXICATING LIQUOR 603.11. HOURS OF OPERATION 1. No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. ad 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. No sale may be made , ; . P m �� r'�ri�*m�� €�° T'°�°m'�°r ''^ between the hours of 8:00 p.m. December 24th throu�h 2:00 a.m. December 26th without a Holidav Endorsement. A. Holidav Endorsement. A Holidav Endorsement allows an establishment the abilitv to sell on-sale 3.2% malt liquor durin� the hours listed above in this section. B. If an establishment has a joint wine license and 3.2% malt liquor license, theX mav a�plv for one holidav endorsement to cover both licenses. SECTION 3: That Chapter 606 be hereby amended as follows: CHAPTER 606. 1NTOXICATING LIQUORS -- ON-SALE CLUBS 606.11. HOURS OF OPERATION 1. No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. ad 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. No sale may be made ^„ r�,ri��,,,.,� r,.,., r,o,.o,,,�.o,- �c. „.,��o,- Q:nn > > P m �� r'�ri�*m�� €�° T'°�°m'�°r ''^ between the hours of 8:00 p.m. December 24th throu�h 2:00 a.m. December 26th without a Holiday Endorsement. A. Holiday Endorsement. A Holiday Endorsement allows an establishment the abilit� sell on-sale intoxicating liquor durin� the hours listed above in this section. SECTION 4: That Chapter 11 be hereby amended as follows: 11. GENERAL PROVISIONS AND FEES 11.10. FEES PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 201 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: � � �ff1' 4F FRIDLE7` T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF August 23, 2010 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING THE PROPOSED TAX LEVY REQUIREMENTS FOR 2011 TO ANOKA COUNTY DATE: July 29, 2010 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying the proposed tax levy requirements to the Anoka County Auditor. It is due to the County Auditor on or before September 15. The staff is recommending a 2011 proposed tax levy of $10,203,532. This is an 0.8% increase from what was approved last year, and is the maximum levy allowed by the State. The make-up of this is: $10,120,162 Certified to County for 2010 10,203,532 Proposed to County for 2011 83 370 0.8% Increase It should be noted that this $83,370 or 0.8% increase is due to the increase in bonded indebtedness which is outside the Charter limits. It's staff s recommendation that the City Council pass the attached resolution to certify the proposed tax levy requirements. RESOLUTION NO. 2010 - A RESOLUTION CERTIFYING PROPOSED TAX LEVY REQUIREMENTS FOR 2011 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax levy requirements to the County Auditor on or before September 15. NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka, State of Minnesota, the following proposed tax levy to be levied in 2010 for the year 2011: GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND $ 9,101,421 0 Six Ciries Watershed Management Organization 6,200 MARKET VALUE BASED REFERENDUM LEVY Springbrook Nature Center $ 314,400 BONDED INDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) 174,269 2006A GO Improvement Bonds (Streets 2006) 198,100 2007A GO Improvement Bonds (Streets 2007) 187,800 2008A GO Improvement Bonds (Streets 2008) 146,993 2010B GO Equipment Certificates (Equip 10&11) 74,349 TOTAL ALL FUNDS $ 10,203,532 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF AUGUST, 2010. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant July 29, 2010 Resolution Adopting the Proposed Budget for the Fiscal Year 2011 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2011 proposed budget. Chapter 275 requires the City to certify a proposed budget to the County Auditor on or before September 15. We request the City Council pass the attached resolution and adopt the 2011 proposed budget. Remember that the levy resolution must be adopted prior to adopting the budget. RESOLUTION NO. 2010 - A RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR 2011 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, the City Council will hold a public meeting on December 6, 2010 before determining a final budget. NOW THEREFORE, BE IT RESOLVED that the following proposed budget be adopted and approved: ESTIMATED REVENUE GENERAL FUND Taxes Current Ad Valorem Delinquent, Penalries, Forfeited Licenses and Pernuts Licenses Pernuts $ 9,101,421 96,000 226,000 355,700 Intergovernmental: Federal 13,000 State: Local Government Aid 759,414 AllOther 714,282 Charges for Services: General Government Public Safety Public Works Community Development Recreation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets LiquorFund Closed Debt Service Fund 1,315,900 183,600 55,000 8,907 220,000 250,000 33,000 20,000 173,500 0 350,000 250,000 TOTAL REVENUES AND OTHER FINANCING SOURCES 14,125,724 Fund Balance: General Fund Reserve (88,587) TOTAL GENERAL FUND $ 14,037,137 APPROPRIATIONS Legislarive: City Council City Management: General Management Human Resources Legal Finance: Elecrions Accounting Assessing MIS City Clerk/Records Police: Police Emergency Management Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation: Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: $ 120,930 279,688 198,887 417,500 2,800 667,242 201,665 229,642 153,989 4,943,775 18,943 1,289,952 152, 507 267,302 525,614 238,500 1,007,615 1,112,523 445,035 863,842 314,274 444,812 105,000 3 5,100 $ 14,037,137 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPTTAL PROJECTS FUND Capital Improvement Fund General Capital Improvement Streets Capital Improvement Parks Capital Improvement Fund Balance TOTAL CAPTTAL PROJECTS FUND AGENCY FUND SiY Cities Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS $ 241,050 144,407 410,579 16,000 404,300 (21,140) $ 1,195,196 $ 8,638 619,389 94,981 7,992 $ 731,000 6,200 $ 6,200 $ 15,969,533 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance General Capital Improvement Streets Capital Improvement Parks Capital Improvement Six Ciries Watershed $ 165,603 144,407 410,579 84,177 390,430 0 $ 1,195,196 $ 21,000 610,000 100,000 $ 731,000 6,200 $ 6,200 $ 15,969,533 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF AUGUST 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � �ff1' 4F FRIDLE7` Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF AUGUSTY 23, 2010 August 19, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Participation in Livable Communities Act Local Housing Incentives Account Background The City of Fridley has opted in the past to participate in the Metropolitan Council's Livable Communities Act Local Housing Incentives Account (LCA LHIA). Participation involves developing affordable and life cycle housing goals and provides the opporiunity to qualify for grants and loans for affordable housing projects, clean up of polluted sites, and demonstration projects linked to job creation, housing, and transit. The previously negotiated goals expire this year, so the City of Fridley must commit by resolution to developing new housing goals for the ne�t decade by September 1, 2010 if we want to continue in the program. Involvement in the LCA will then require adoption of the new housing action plan by December 1, 2010. Staff has confirmed with Metropolitan Council staff that the Housing Chapter and the Housing section of the Implementation Chapter of the recently adopted Comprehensive Plan will suffice at Fridley's 10-year Housing Action Plan. In addition, the affordable housing goal numbers and life-cycle housing goal numbers have been reduced from what was committed by the City previously in our Comprehensive Plan. This reduction is a result of the Metropolitan Council recognizing that there is less funding available to assist with affordable housing projects than expected when the goals were created a few years ago. Recommendation Staff recommends that the City Council approve the attached resolution, which commits the City of Fridley to participating in the LCA LHIA for the calendar years 2011 through 2020. City staff would then prepare the Housing Action Plan for Council's approval before the November 15 City Council meeting. RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2O20 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 i£: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality, (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fridley, Minnesota: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2011 through 2020: Affordable Housin Goals Ran e Life-C cle Housin Goals Ran e 75-116 116-300 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. Passed and Adopted by the City Council of the City of Fridley this day of 2010. By: By: Scott J. Lund, Mayor Debra A. Skogen, City Clerk � � CfTY OF FRIaLE7 Date To AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 23, 2010 August 18, 2010 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension for SP #09-05 for LAI Midwest at 7645 Baker Street ANALYSIS On September 28, 2009, the City Council approved a special use permit to allow for limited outdoor storage in the rear yard at LAI Midwest, which is located at 7645 Baker Street. One of the stipulations in the special use permit was to resolve the encroachment in the parking area in the rear yard, within 12 months of issuance of the special use permit. The petitioner reports that although they have diligently been pursuing a title registration to resolve the above mentioned issue, it won't be resolved by the September 28, 2010 deadline. As a result, they are requesting a one-year extension. They are hopeful that the title registration will be completed within a matter of months, and therefore the one-year extension should provide them with sufficient time to resolve the encroachment issue. PLANNING STAFF RECOMMENDATION City Staff recommends granting a one-year extension on Special Use Permit, SP #09-05, to September 28, 2011, as requested by the petitioner. � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 23, 2010 �ff1' 4F FRIDLE7` INFORMAL STATUS REPORTS