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10/24/2011 - 31300CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 24, 2011 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 Bolkcom Councilmember Varichak Councilmember Saefke OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Jim Kosluchar, Public Works Director Scott Hickok, Community Development Director Darin Nelson, Finance Director Dan Burton, B&D Property Holdings LLC Kevin Kaelbie, 257 57th Avenue My Thao, 5841 Main Street Dr. Wayne Dahl, 177 Hartman Circle Carey Lyons, Architect PROCLAMATION: Homelessness Awareness Month — November, 2011 Pancreatic Cancer Awareness Month — November, 2011 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 10, 2011: Councilmember Bolkcom asked for the following corrections to be made to the minutes: Pa�e 4: Councilmember Bolkcom stated under the proposed City policy for tree management on public lands, she believes most people do not know the word, "promulgate" means "publicly declare." She said there was also a lot of repetition in the paragraphs that needed to be looked a� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 2 Pa�e 5: Councilmember Bolkcom stated in (C)(1), the review by Parks and Recreation Commission, she thought about the dog park as an example. It actually applies to any park, because it is Fridley's park but Anoka County basically maintains it. APPROVED AS AMENDED. NEW BUSINESS: 1. Approve Letter of Support for the Statewide Health Improvement Program (SHIP) Round 2.0 Grant. William Burns, City Manager, said the State of Minnesota began funding the SHIP grant program in 2009 by allocating $47 million for projects within its counties. Fridley received $70,000 of this Round 1 funding. We used the funding for grant writing associated with bikeway/walkway grants, development of a bike route and safety map, the City's contribution toward the East River Road Corridor Study, and other activities. Dr. Burns said we were notified of Round 2 funding opportunities on October 19 and asked to provide a letter of support for this funding by October 26. At this point, we have yet to identify project components of the application. We do know that generally, any funding received will continue to be used to promote biking, walking, and use Pof mass transportation in Fridley. In all likelihood, we will continue to use the funding to write grant applications for future bikeway/walkway improvements in Fridley. Staff recommends Council's approval. APPROVED. 2. Claims (152636 — 152845). APPROVED. 3. Licenses. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 4. Estimates. APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction 6005 East 250tn Street Elko, MN 55020-9447 20ll Miscellaneous Concrete Repair Project No. 401 Estimate No. 5 ................................... ............................ $ 10,280.42 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 3 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 ST2011 Street Improvement Project No. ST2011-01 FINAL ESTIMATE .......... ............................................................... $ 81,582.71 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 61st Avenue/Moore Lake Street Rehabilitation Project No. ST2009-02 FINAL ESTIMATE ....................................... APPROVAL OF CONSENT AGENDA: .............................. $ 50,666.17 Councilmember Bolkcom asked why ST2009-02 was being brought forth in 2011 when the project was in 2009. Jim Kosluchar, Public Works Director, said the entire process takes about a year to finalize. Councilmember Bolkcom asked if this would be the final estimate. Mr. Kosluchar answered yes. MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 4 PUBLIC HEARINGS: 5. Assessment for the 2011 Street Improvement Project No. 2011-01. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:46 P.M. Darin Nelson, Finance Director, said this project assessment pertains to the mill and overlay of City streets as part of the City's Street Resurfacing Plan. The 2011 Street Improvement Project includes parts of the Hyde Park Neighborhood. The total number of properties subject to this assessment is 166, with a total assessed cost of $373,520.05. Mr. Nelson said each single family residential property is proposed to have an assessment of $1,592.65. The assessment payback period is 10 years and the payments are subject to a 5.25 percent interest rate, which is a reduction of 1.25 percent over prior years' street assessments. Property owners have until the close of business on November 23 to pay all or a portion of the assessment, interest free. Mr. Nelson said staff did receive one letter contesting the assessment, which is included in the Council agenda. Staff is also aware of one commercial property that may be contesting the assessment. However, no written objection had been received prior to this meeting. Mr. Nelson said a deferral option for retired or disabled property owners is available for homestead properties. Staff is recommending that the public hearing be opened for public comment. The resolution adopting the special assessment roll is under new business as Item 7. Councilmember Bolkcom asked how the deferment process is done. She asked if they had to fill out an application. Mr. Nelson answered yes. They have to come in to fill out an application. One can also be sent by mail. Councilmember Bolkcom asked if the person who sent the letter had been contacted. Mr. Nelson answered no. Dan Burton, B&D Property Holdings, 251 57th Avenue, said his property faces 57th Avenue and the back of his property faces 57th Place. He asked why he was being assessed because he does not use that street to access his property. Jim Kosluchar, Public Works Director, said that the current policy assesses the property on either side; rear and front regardless if the driveway only comes out to the front of the lot. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 5 Mayor Lund said that commercial properties are assessed on both sides where residential is only assessed in the front. Mr. Kosluchar said that currently there is no access from the back of the building but there could be access in the future. Mr. Burton said that he is not benefiting from this project and being assessed for a street that is behind his building where he has no access does not make it right. Mayor Lund said that Fridley's policy probably is not much different from other cities. Mr. Burton said maybe the current policy is not a very good one. He knows for a fact that Fridley's sign policy fee is much higher than other cities so Fridley is different from other cities. Mayor Lund said Mr. Burton may want to look into getting accessibility from the back. Mr. Burton said that right now there is a fence and trees every 20 feet that were required by the City. He asked how he would put a driveway in back there. Mayor Lund answered that he would have to check with City staff. MOTION by Councilmember Saefke to receive into record a letter from Dan Burton dated October 24, 2011. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked who decides if it is a benefit or not to the property owner. Darcy Erickson, City Attorney, said that the burden is on a property owner to establish there is no special benefit to their property. Mayor Lund said his argument is not because it is not a benefit, but because the property owner cannot access his property from that road. The property owner may want to discuss the ability to put in a driveway from the back. Mr. Burton said that he asked about a driveway and no one gave him an answer. Scott Hickok, Community Development Director, said there is no ordinance in place that would prohibit the property owner to take access off that roadway. The screening and fence is still a requirement but nothing prohibits the owner to put in an access driveway in the back. Mayor Lund asked if the property owner would have to install a privacy gate or something for screening requirements. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 6 Mr. Hickok said they would have to screen to the best of their ability. Trees could be removed to create an aesthetic opening to allow access to the site while not causing visibility issues. Mayor Lund said that they would still have to meet screening requirements. Councilmember Bolkcom said regardless of whether an access point is added to the rear of the building, the property owner would still benefit from the road behind them, as customers use that road. Mayor Lund asked how long the policy has been in place to assess both sides of the road; front and back. Mr. Kosluchar said that it was created before he started, maybe 2005 or 2006. Councilmember Bolkcom added that was when we were done with the major reconstruction projects of our streets. Kevin Kaelbie, 257 57th Avenue, had the same question as Mr. Burton. He does not have access to that road and does not use it. He also brought to attention that the letter about this meeting was dated October 4, 2011 and he just received it from his landlord today. He went to Fridley's website and found that the resolution notification must be mailed to the individual parcel no less than two weeks prior to the hearing. The post mark date on the letter was October 20. Mayor Lund said that the property owner may need to protest, not the lease person. Mr. Kosluchar said that the notice could have been mailed out on October 4 and then returned because of the wrong address. Staff uses the Anoka County official list of property owners. If the letter is returned, we will reprocess the paperwork and send it out again. Mr. Kaelbie said that there was no indication on the postage that ever happened. Councilmember Bolkcom asked for clarification that whatever address is on the tax statement is where the original letter is sent. Mr. Kosluchar said that is correct; staff downloads data from the County. MOTION by Councilmember Saefke to receive into record a letter sent to Robert Bigelow dated October 4, 2011 and postmark dated October 20, 2011. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Mr. Kaelbie said that he disagreed with his assessment for same reason as Mr. Burton. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. 6. Consider the Proposed Assessment for the 2011 Nuisance Abatement. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:11 P.M. Darin Nelson, Finance Director, said this is the annual assessment for those properties in which continuing code violations existed and the City expended resources to bring the properties into compliance. There are 38 properties involved in this assessment; three less than what the Council packet includes, due to payments received within the last couple days. The total amount of the assessment will be $36,701.56. The assessment will be for 1 year at 6 1/2% interest. Mr. Nelson said staff did receive two letters contesting the proposed assessment. One letter was included in the Council packet. The other letter was received late last week and did not get included with the Council packet, but was distributed to Council at the pre-meeting. Mr. Nelson said a deferral option for retired or disabled property owners is available for homestead properties. Mr. Nelson said staff recommends that the public hearing be opened for public comment. The resolution adopting the assessment follows under New Business as Item 8. MOTION by Councilmember Bolkcom to move into record a letter dated October 17, 2011, from Frank Daigle. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked how this year's numbers compared to last year as far as number of total assessments. Mr. Nelson responded that last year the total was $20,222 compared to $25,000 in 2011. Staff time was equal at $11,000. Councilmember Bolkcom asked if a staff person would contact the people who wrote letters and had questions. Mr. Nelson said someone will contact them to make sure they are aware of the options that are available. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 8 My Thao, 5841 Main Street NE, asked for clarification that they could pay over 10 years or pay it off in five years. Mayor Lund said his question pertained to Item 5, the street assessment that was just discussed. He said the assessment either needs to be paid in full or over 10 years with interest added up yearly on the property tax statement. If the assessment is paid off in five years, the interest would be cut in half, saving money. Mr. Thao asked if a bill would be sent to his home. Councilmember Bolkcom responded that if the bill is not paid by November 23, it would go on the tax statement. Mr. Nelson added that a letter of explanation will be sent out to each property owner once the resolution is passed. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M. NEW BUSINESS: 7. Resolution Adopting Assessment for the 2011 Street Improvement Project No. 2011-01 Mayor Lund said that the commercial property owners had validity in their argument. He questioned what was fair. Councilmember Bolkcom recalled that some properties, not too long ago, had the same situation and they were assessed more than once. She did not think it would be right to change the policy now because two people do not agree. They have to prove it does not benefit them. Mayor Lund agreed that the burden of proof is on the property owner. They did not prove the burden but their argument was that they did not benefit as they do not access that road. Councilmember Bolkcom said that it does not mean their customers do not drive down that road. Councilmember Saefke understood their point but noted that the policy has been established. Right now they do not have an access point but could have one in the future. There will be some restrictions for screening and fencing from the residential area but they could have an entrance or exit through the rear of the property. This is a unique situation. Layne Otteson, Assistant Public Works Director, said that this afternoon he did a drive through of the project and observed a semi parked on 57th Place who was having lunch at Zantigo's. He FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 9 said 57th Place was the only place for him to park to eat at Zantigo's. There is benefit of additional parking on 57th Place for business owners. Councilmember Bolkcom said people cut through 57th Place to go to eat. Delivery issues have been reported in that area. Mayor Lund said that they should not promote businesses to use the driveway as an entrance on the residential side. They do not want more traffic on that street. A back driveway could be used for limited access but not primary access. MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-51. Seconded by Councilmember Saefke. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER SAEFKE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM, VOTING AYE AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 8. Resolution Adopting Assessment for the 2011 Nuisance Abatement. Darin Nelson, Finance Director, asked Council to change the following abatements: 12-30-24-13-0086 Wells Fargo Bank — $127.04. 15-30-24-11-0018 US Bank — Balance Zero. 23-30-24-34-0019 R. Badae — Balance Zero. 23-30-24-43-0083 J. Robideau — $548.21. 24-30-24-12-0025 J. Waletski & R. Elattaoui — Balance Zero The new total is now $36,701.56. MOTION by Councilmember Saefke to amend the assessment with the corrections listed above. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTINE AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2011-52 as amended. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTINE AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 10 9. Resolution Adopting Assessment for the 2011 Tree Abatement Darin Nelson, Finance Director, said this year's assessment includes one property at a cost of $2,586.38. The assessment will be for 5 years at 6.5% interest. The owner has signed an assessment agreement waiving her right to a public hearing and agreeing to the terms and conditions. Staff recommends approving the resolution adopting the assessment for the 2011 Tree Abatement. MOTION by Councilmember Saefke to adopt Resolution No. 2011-53. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked if the homeowner could still pay this by November 23. Mr. Nelson answered yes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Adopting Assessment for the 2011 Utility Lateral Repair Project. Darin Nelson, Finance Director, said this year's assessment includes five properties at a cost of $14,880.53. The assessments will be for 5 years at 6.5% interest. All property owners have signed an assessment agreement waiving their right to a public hearing and agreeing to the terms and conditions. Mr. Nelson stated the financing of these utility lateral repair assessments is in direct response to the 2011 Council/Commission survey from this past spring. The survey indicated overwhelming support for the City undertaking the added financial responsibility of assessing water and sewer lateral repairs over a longer period than the previously allowed one-year assessments. Mr. Nelson said staff does encourage homeowners to apply for loans through the HRA's Housing Rehabilitation Loan Program. However, credit or other financial issues do not make this a viable option for some homeowners. It is also pertinent that these repairs be made timely to maintain the integrity and safety or our utility system. Mr. Nelson said Fridley City Code, Section 402.06, requires owners to be liable for all repairs required to any water and/or sewer lines necessary for connection of the premises from the main to the premises. If the property owner requests maintenance services or repairs performed by the City, the property owner shall be charged for the costs of repairs including any necessary street repairs. Mr. Nelson said the change we are implementing this year is to lengthen the assessment timeframe from one year to five years. It allows residents to make the necessary repairs and to spread the over a five-year period. The financing of these repairs will become a Revolving Loan FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 11 Fund that has been in place for a number of years. The fund has approximately $95,000 available for this type of activity. Interest and principal payments on these assessments will be rolled back into this fund to help support future repairs. Staff's recommends Council's approval. Councilmember Bolkcom thought this was a great project and a wonderful way to for someone to have the repairs done. MOTION by Councilmember Barnette to adopt Resolution No. 2011-54. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2012 Property Taxes. Councilmember Saefke asked if staff had ever done a comparison from year to year to see if some of the delinquent utility payments are from the same people. Darin Nelson, Finance Director, said a formal analysis had not been done, but some are repeated year-to-year. Councilmember Saefke asked if there was anything staff can do to get people to pay their utility bills. Mr. Nelson responded that staff has the ability to certify these outstanding bills to the home- owner's property taxes. Councilmember Saefke wondered how many people use this as a tax deduction on their income tax and roll the amount in with rest of the property taxes. Mr. Nelson did not know but he understood that special assessments are not supposed to be tax deductible. Councilmember Bolkcom noted that there is a difference in the columns of final bill compared to other assessments. She asked why there was a difference. Mr. Nelson said those are final bills of people who have moved. He is not sure why the delinquent amount does not go to the ne�t property owner. He will follow up and respond later. The new property owner should pay that amount and it should be taken care of at closing. Councilmember Bolkcom thought it was interesting that having a delinquent utility bill does not prevent people from getting a rental license. MOTION by Councilmember Varichak to adopt Resolution No. 2011-55. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Project No. ST. 2012-01. Jim Kosluchar, Public Works Director, said this resolution directs staff to prepare a feasibility report and initiate the design and plan preparation for the proposed 2012 Rehabilitation Project No. ST. 2012 — O1. The feasibility report will address the scope of the work in the Rice Creek Terrace East and West neighborhoods and several other streets in their general vicinity. The total length of the project is 4.1 miles. Mr. Kosluchar said that the Rice Creek Terrace neighborhoods are bound by Trunk Highway 47 and Trunk Highway 65 from Mississippi Street to Rice Creek The length of pavement resurfacing need is estimated at 3.8 miles. All streets have concrete curbing in place and the work will likely be a combination of asphalt reclaiming and utility spot repairs. Specific streets are being targeted within the neighborhood based on condition and maintenance requirements. Mr. Kosluchar said several other streets have been identified as rehabilitation candidates due to the condition of the pavement and comments received from the Public Works maintenance staff. The first street to be considered for rehabilitation is Fourmies Avenue located just south of the Municipal Center. The length is estimated to be 0.15 miles. The second street under consideration is the Trunk Highway 65 Service Drive from 73rd Avenue southerly to the highway access at the railroad crossing. The length is estimated to be 0.19 miles. Both streets have concrete curbing in place and the work will likely be a combination of asphalt reclaiming and utility spot repairs. These streets are included for consideration based on condition and proximity to the proposed neighborhood streets. Mr. Kosluchar said the segments were selected based upon projected pavement maintenance needs, as well as the Pavement Condition Rating which indicates pavement structural and ride quality on a scale of 5(worst) to 35 (best). Rehabilitating the pavement under a planned program with proper timing allows us to minimize costs of maintenance throughout the roadway segment's life cycle. Preparation of the feasibility report will allow staff to determine what construction is needed and can take place within the CIP budget. The feasibility report will provide a recommendation to the City Council on what construction should take place in 2012. Mr. Kosluchar said that as in 2011, we intend to prepare the draft feasibility report, and then move ahead with project open houses. With this sequence, we can obtain feedback from residents on candidate project segments and incorporate any concerns into the feasibility report before it is presented to the City Council. The public workshop for this project is tentatively scheduled for November 16. The timing of this workshop serves to provide additional notice to affected residents and businesses of the project and projected assessments. In addition, it allows staff more time for project development and design, allowing incorporation of scope changes, local concerns, and adjustments relating to budget. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 13 Mr. Kosluchar said this resolution orders the preparation of a feasibility report and preliminary plans for the project. The scope of the proposed report will address pavement, street improvements, water main, sanitary sewer, and storm sewer replacement. Staff recommends Council's approval. Councilmember Saefke asked if Jackson Street between 73rd and 75th could be added. Jackson Street is worse than the service road. Mr. Kosluchar said that Council can add that street to the resolution. Councilmember Bolkcom asked if any dates were set for this project. Mr. Kosluchar said that everyone who is subject to an assessment and involved along the construction roads will get a notice 10 days prior to the open house. Right now the 16th of November is correct date. Mayor Lund asked if Jackson Street was on a construction plan in the ne�t 3-5 years. Mr. Kosluchar said he thought it was in another part of a plan but that street could be added and if staff thinks there are better constructed streets they can be taken off the list and other segments can be added. It doesn't hurt to add Jackson Street to this resolution. Councilmember Saefke asked when Melody Manner was up for reconstruction. Mr. Kosluchar thought maybe in 2013. MOTION by Councilmember Saefke to adopt Resolution 2011-56 with the inclusion of Jackson Street between 73rd and 75th. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13. Variance Request, VAR #11-02, by Wayne Dahl, DC, Generally Located at 177 Hartman Circle (Ward 3). Five Variances are Required in Order to Allow the Construction of a New Attached Garage 1. Variance Reducing the Setback from the Ordinary High water Level from 100 Feet to 78 Feet; 2. Variance Reducing the Bluff Setback from 40 Feet to 11 Feet; 3. Variance Increasing the Size of a First Accessory Structure from 1,000 Square Feet to 1,900 Square Feet; 4. Variance Increasing the Size of all Accessory Structures on the Property from 1,400 Square Feet to 1,900 Square Feet; and, 5. Variance Increasing the setback of an Attached Accessory Structure Located in Front of a Home from 5 Feet to 64 Feet. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 14 Scott Hickok, Community Development Director, said Carey Lyons, Architect for Wayne Dahl, has asked for additional time to consider alternatives for this plan. The Petitioner may need to withdraw and reapply if an e�tension is not granted as they are up against a 60-day window that is due to expire. Mayor Lund asked how that would affect the application fee. Mr. Hickok said if they start over, the work on the first application has already been done. They would need to reapply. Mayor Lund asked if they could ask for an extension and not reapply. Mr. Hickok answered yes; that has happened in the past. Councilmember Bolkcom asked why staff would not just give that option rather than reapply and pay the additional fee. Mr. Hickok answered that from staff's perspective it would be cleanest to have a new petition. Councilmember Barnett asked how much the application fee was. Mr. Hickok answered $500. Carey Lyons, Architect, said Dr. Dahl would like to request an e�tension. Mayor Lund asked what time frame they were looking at. Mr. Lyons said they would present a plan to Council ne�t month. Councilmember Bolkcom asked if something was needed from the petitioner to take care of this tonight. It is unusual not to have the petitioner present. Darcy Erickson, City Attorney, said Mr. Lyons should have something in writing from Dr. Dahl saying he has the authority to speak on his behalf. She was not sure how much the application was going to change and if it was significant, it would have to be brought back to the Appeals Commission. Mr. Hickok said this is e�traordinary. He was not certain what the time e�tension is for a redesign or how much time was needed to contemplate comments from the Appeals Commission. He was certain that if there were significant changes, the plan would need to be brought back to the Appeals Commission and time included for staff to review the plan. Whether or not a fee is charged, the process will be starting over. Councilmember Bolkcom said action would need to be taken tonight as the end of the 60 days is October 31. Something is needed in writing for Mr. Lyons to represent Dr. Dahl. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 15 Attorney Erickson agreed that action needed to be taken tonight. Mr. Hickok thought that Dr. Dahl filled out the original application so he would have to ask for an e�tension or give authority to Mr. Lyons to speak on his behalf. Councilmember Saefke said if Dr. Dahl does not come in and action is not taken tonight, the application will have to be withdrawn and they will have to reapply. Mayor Lund asked what changes Dr. Dahl was going to make. Mr. Lyons said he was not anticipating any legal concerns tonight. Dr. Dahl's attorney created a memo of power of attorney to Mr. Lyons, but he did not have the memo with him. Attorney Erickson said Council has the ability to e�tend the terms and this item cannot be tabled without taking action. Council can make a motion to e�tend the terms 60 days and send a notice in writing within the first 60 days before October 31. She did not know how substantial the modification would be, but the Appeals Commission may need to reevaluate the new plan. Mr. Lyons said Dr. Dahl was requesting to table the item and discuss the options that are available. Councilmember Bolkcom was concerned with Mr. Lyons speaking on Dr. Dahl's behalf as there was nothing saying he had the authority to do so. Councilmember Saefke said he watched the Appeals Commission meeting and Mr. Christenson was a business partner of Dr. Dahl. He agreed that there was no solid documentation saying Mr. Lyons could speak for Dr. Dahl. Mayor Lund asked what action could be taken tonight. Mr. Hickok said the petitioner could withdrawal or Council could act on the variances that are presented here tonight. Mr. Lyons asked if he could take time to try to reach Dr. Dahl. Mayor Lund said Council would take a 10 minute recess to see if Dr. Dahl could be reached to give authority to Mr. Lyons to speak on his behalf. A BRIEF RECESS WAS TAKEN. Dr. Wayne Dahl, 177 Hartman Circle, appeared and said both Mr. Christenson and Mr. Lyons had full authority to act on his behalf. He thanked Council for their full consideration. Mayor Lund asked if Dr. Dahl was asking for an extension. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 16 Dr. Dahl said Mr. Hickok made a suggestion at the Appeals Commission that would not require as many variances and they are looking at that plan. Mr. Lyons is trying to get a presentation together of another potential location. There will be two options, one that requires a variance and one that does not. Councilmember Bolkcom asked if he was asking for an e�tension tonight to gather more information or to change the entire plan. If the original plan is changed drastically it will need to be sent to the Appeals Commission for review. Dr. Dahl said that Plan A was already submitted and needs several variances. Plan B would meet all the requirements and would not have to go through the Appeals Commission. Plan B would have to go back through the building process to see if it is conforming. Plan B may require one variance but Plan A is the best plan despite the variances that are needed. Mayor Lund said that if a new plan is submitted, it will have to run through the Appeals Commission. Dr. Dahl said that would be okay, timing is not an issue because he would not be building anything until spring. Attorney Erickson was concerned as Council had to make a final decision on Plan A. If a new plan is submitted it will have to go through the formal process. The City needs a clean record and a final decision within statutory time and City review processes. Mr. Hickok agreed. He said an analysis has been done on Plan A and he was not certain he was hearing anything new and different that warrants an e�tension for Plan A. A decision on Plan A needs to be made tonight. Councilmember Bolkcom said in the past, Council has had individuals request variances and waited a longer time, and the plan was changed so it did not need all the variances that were originally requested. Mr. Hickok said correct. There have been situations where there were three variances reduced to one, but the revised plan was consistent and better than the plan that was presented to the Appeals Commission. He was not clear in this case if significant changes were being made that should go back to the Appeals Commission. If that is the case, the Appeals Commission will have to review it and bring it back to Council. Currently there are no petitions for November for the Appeals Meeting. He was concerned about bringing something back to Council that needed an Appeals recommendation. Councilmember Bolkcom said they could come back November 14 with a totally different plan and Council could act on the original variance at that time. The new Plan B will have to go back to the Appeals Commission. Mr. Hickok suggested the petitioner come back with a new application after Council acts on the original petition. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 17 Councilmember Bolkcom asked if Council could act on the variance that is before them tonight in two weeks. Attorney Erickson said Council could authorize an e�tension within the first 60 days. Any Plan B submitted would have to go though the appropriate staff to make sure it is complete. Dr. Dahl said the new Plan B basically takes Plan A and moves the structure to meet all setbacks and narrow down the variance. This plan is more compliant and only needs one or two variances. This is due to a suggestion by Mr. Hickok. Mayor Lund said tonight Council is to work on the variance request on the agenda. It will either need to be removed or started over again with a new application. If the petitioner wants Plan A, it either needs to be withdrawn or Council votes on the variances. Dr. Dahl said he is not formally prepared to give any new information for Plan A Mr. Lyons does not have any new drawings. Mayor Lund said the information presented at the public hearing is what is used for Council to make their decision. If there is any new information it can be presented now, but Council has reviewed the Appeals Commission meeting minutes or viewed the DVD and is prepared to vote based on that information. Dr. Dahl said he would rather Council vote on the information that was presented and not withdrawal. Councilmember Bolkcom clarified that the options are to withdraw, vote on the variances or e�tend the petition to November 14 for Plan A and the petitioner could bring back additional information for Plan A at that time. William Burns, City Manager, said this is different from the normal process. They are appealing the Appeals Commission decision. Councilmember Barnette asked what the purpose was of waiting 60 days if the petitioner cannot change Plan A. Councilmember Bolkcom said Dr. Dahl is asking to e�tend Plan A to bring forth additional information. Councilmember Barnette said he cannot change Plan A. It will need to be thrown out if he changes it and he will have to start all over. Mr. Hickok said that historically there have been things done to other requests that have improved and brought the variance request down, but what he is hearing Dr. Dahl say is that they are bringing in a new plan, a second option to compare to Plan A. This is not a good use of an e�tension. If the e�tension would lead them to withdraw it would be okay, but if they come back and compare two options; then it is not good. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 18 Dr. Dahl asked why he does not have the right to ask for all the options that are available; withdrawal, ask for a variance or have Council vote on the variances. Mayor Lund said Dr. Dahl has the right to ask for one of the options but Council has the right to grant it. The Appeals Commission heard the case and took the testimony, now Council is supposed to affirm what the Appeals Commission voted on or not. This is not a whole new process. Dr. Dahl said he would like to present to the City Council rather than just three people on the Appeals Commission. Dr. Burns was not sure if this item could be scheduled for the November 14 meeting. Attorney Erickson said Council has the option to e�tend an additiona160 days and Council will need to limit the e�tension to case number 11-02. Mr. Hickok said if a new plan is submitted, it would need to go to the Appeals Commission within the 60-day window. The Appeals Commission meets on December 7, and if a new plan is submitted, staff would need to know in advance to have time to prepare for that meeting. A new plan would need to be submitted by November 23 to warrant enough time for staff review the plan before going to the Appeals Commission. Mayor Lund asked if Dr. Dahl understood that timing and request from staff. Dr. Dahl answered yes. Councilmember Bolkcom thought the deadline should be moved to November 21 because of the holidays. Mr. Hickok agreed to change the date to November 21 to determine if it has to go back to the Appeals Commission on December 7 and then it would be on the Council agenda on December 12. This is a tight turnaround time for a staff report but it can be done. Councilmember Bolkcom said the Appeals Commission is cancelled for November so that does not give many alternatives for dates. MOTION by Councilmember Bolkcom to e�tend the 60-day review period of Variance Request, VAR #11-02 an additiona160 days as permitted by Statute 15.99 and the applicant, Dr. Dahl, is to submit materials on the variance to City staff no later than November 21, 2011. Second by Councilmember Varichak. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 PAGE 19 14. Informal Status Reports. Councilmember Saefke said that the MN Department of Transportation sent a memo to the Director of Public Works that Highway 65 will be closed this weekend as they work on replacement of the railroad crossing near Rice Creek More detailed information can be found at www. 511 mn. or�. Mayor Lund said Pumpkin Night in the Park was held on Saturday at Springbrook Nature Center, and it was well attended. There were over 3,500 participants. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:00 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor