03/04/1996 - 00001948�
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY C2TY COUNCIL OF
MARCH 4, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:35 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and
Councilwoman Bolkcom
MEMBERS ABSENT: None
PROCLAMATION:
VOLUNTEERS QF AMERICA WEEK - MARCH 3-10, 1996:
Mayor Nee issued a proclamation proclaiming the week of March 3
� through 10, 1996 as Volunteers of America Week, kIe stated that
Volunteers of America is commemorating its founding in 1896, and he
urged others to �oin in bridging the gap between human needs and
the resources of the public and private sector. He s�ated that
Volunteers of America has been extraordinary friends to the people
of Fridley during their time of need.
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PRESENTATIQN OF PLAQUE - VIRGIL HERRICK:
Mayor Nee presented a plaque to Virgil Herrick in grateful
appreciation for his thirty years of outstanding service as
Fridley's City Attorney, from 1966 to 1996. He stated that he and
the Council appreciate what Virgil has done for the City and extend
their thanks and gratitude.
Mr. Herrick stated that he and his wife, Shirley, have lived in
Fridley for almost forty years, and he was fortunate to spend
thirty of those years as City Attorney, He stated that Fridley has
been fortunate in having good people to run the City, as far as
elected Councilmembers and staff. He stated that this relates not
only to the present people but also predecessors. Mr. Herrick
stated that he had the chance to work with three Mayors, five City
Managers and several dozen Councilmembers. He stated that they
were all dedicated people, and he felt that the City has prospered
because of it.
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ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 2
Mr. Herrick stated that the City is well planned, well governed,
has a good tax base and is financially stable. He felt that this
is something the residents should be proud of. He stated that he
wished to extend special thanks �o Bill Nee. He told him that the
City has been fortunate to have his leadership. He wished the
Council luck, and he said that he and Shirley plan to stay in the
City. He stated that if there are any problems or pro�ects where
he can be of assistance, Council should feel free to call him.
APPROVP.I, OF MINUTES:
COUNCIL MEETING, FEBRUARY 26, 1996:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneidera Upon a�roice vote,
all voting aye, Mayor Nee declared the motion carried unanimouslya
APPROVAL OF PROPOSED CON5ENT AGENDA:
OLD BUSINESS:
1. ORDINANCE N0. 1064 RECODIFYTNG THE FRIDLEY CTTY
31, ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS
31.11, 31.12, 31.13, AND ADDING NEW SECTIO
RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY
CHAPTER 11, "GENERIIL PROVISIONS AND E'EES:'°
CHAPTER
.14,y AND
AMENDING
Mr, Burns, City Manager, stated that this ordinance amends
Chapter 31 and Chapter 11 of the City Code regarding pawn
shops. He stated that the ordinance establishes license
classifications and fees. He stated that a Class A license
for $15,000 is for pawn shops who have 750 or more trans-
actions per month; a Class B license for $12,500 is for pawn
shops who have between 250 and 750 transactions per month; and
a Class C license for $10,000 is for pawn shops who have 250
or less transactions per month. He stated that the ordinance
provides for pro-rating and ad�ustment of fees in the amount
of $400 per month for those participating in electronic
reporting.
Mr. Burns stated that the ordinance also provides for record-
keeping, disposition of articles, inspection of records,
receipts, daily reports to the police and the method of
reporting. He stated that the ordinance provides for a
minimum ninety-day redemption period and a seventy-two hour
holding period. He stated that the ordinance also outlines
the time period for investigative and police holds.
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ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996
PAGE 3
Mr. Burns stated that the ordinance provides for posting of
the license and outlines the respensibility of the licensee.
He stated that there are restricted transactions and no
licensee shall purchase, accept, or receive any article of
property from any minor or from any person of unsound mind or
from an intoxicated person, or any article of property which
contains an altered or obliterated serial number or whose
serial number has been removed. He stated that the licensee
shall not purchase, accept, or receive any article of property
knowing, or having reason to know, that the article of
property is encumbered by a security interest or that the
person is not the true and correct owner of the property and
without first having examined a valid photo driver's license
or identification card issued by the state of residency of the
person. Mr. Burns stated that the ordinance also regulates
that the conduct of persons on the licensed premises and
provides for the posting of the license requirements.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1064 ON
THE SECOND READING.
NEW BUSINESS:
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3.
MOTION APPROVING OFFICIAL TITLE AND SUMMARY ORDINANCE OF
QRDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 31p "PAWN
SHOPS," AND CHAPTER 11, "GENERAL PROVISIONS P.ND FEES:°°
Mr. Burns, City Manager, stated that this item is to approve
the publication of the official title and summary of Ordinance
No. 1064 without publishing the ordinance in its entirety.
APPROVED THE PUBLICATION OF THE OFFICIAL TITLE AND SUMi�7AR`i O�
ORDINANCE NO. 1064.
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
FEBRUARY 7, 1996:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETYNG OF
FEBRUARY 7, 1996.
4. ESTABLTSH A PUBLIC HEARING FOR MARCH 18, 1996, FOR AN
ORDINANCE AMENDMENT TO CLASSIFY GRAVEL AND/OR DIRT DRIVEWAYS
AS A NUISANCE AND PROHISIT THEIR USE:
Mr. Burns, City Manager, stated that this proposed ordinance
amendment would declare gravel or dirt driveways a public
nuisance and must be replaced by April l, 2001. He stated
that in the citizen survey, 55 percent of residents stated
� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 4
that they approved requiring hard surface driveways if there
was some time period to accomplish the change,
Mro Burns stated that there was an informational public
meeting held on January 31, 1996 and a public hearing before
the Planning Commission on February 7, 1996 at which time this
proposed ordinance amendment was reviewed. He stated that 328
property owners would be impacted by this ordinance amendment,
and he requested that a public hearing be set for March 18,
1996.
SET PUBLIC HEARING FOR THIS PROPO5ED ORDINANCE AMENDMENT kOEB
MARCH 18, 1996.
5. ESTABLISH A PUBLIC HEARING FOR MARCH 18, 1996, FOR AN
ORDINANCE AMENDMENT TQ INCLUDE PROVISIONS RELATED TO THE
DEFINITION AND REMOVAL OF JUNK OR UNSAFE VEHICLES FRQM PRIVATE
nnnnnnmv.
Mr. Burns, City Manager, stated that this proposed ordinance
amendment provides a more detailed definition of what consti-
tutes a junk vehicle and includes reference to the state
� statute on unsafe motor vehicles. He stated that the amend-
ment includes a detailed five-day notification and abatement
process along with specific impound, reclaim, and public sale
requirements. He stated that it also includes an aggrieved
owner hearing process and a one-year °'sunset date" to allow
for a re-examination of the ordinance one year from its
adoption.
Mr. Burns stated that a strengthened junk car ordinance was
favored by 62 percent of the residents responding to the
citizen survey, and a public hearing was held before the
Planning Commission on February 7, 1996. He requested that a
public hearing be set for March 18, 1996.
SET PUBLIC HEARING FOR THIS PROPOSED ORDI�TANCE .AMENDMENT FqR
MARCH 18, 1996.
6. ESTABLS5H A PUBLIC HEARING FOR MARCH 18, 19965e FOR P1`d
ORDINANCE AMENDMENT PROHIBITING THE RETURN OF ABATED PROPERTY
TO ITS ORIGINAL LOCATION IF IT CONTINUES TO BE IN VIOLATION OF
CITY ORDINANCES:
Mr. Burns, City Manager, stated that this proposed ordinance
� amendment details the conditions in which abated property may
return to the site of the initial abatement. He stated that
the ordinance provides for an abbreviated but reasonable
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,FRYDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 5
notice period before removal takes place, He stated that the
Planning Commission held a public hearing on February 7, 1996,
and it is requested a public hearing be set for March 18,
1996,
5ET PCTBLIC HEARING FOR THIS PROPOSED ORDINANCE AMENDMENT FOR
MARCH 18, 1996.
7, RESOLUTION NO. 16-1996 IN SUPPORT OF A RENEWAL API
A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO
Mr. Burns, City Manager, stated that this resolution is for
the sale of pull tabs at the Fridley Knights of Columbus. He
stated that the Police Department has no problem with the
issuance of this gambling permit.
ADOPTED RESOLUTION NO. 16-1996.
8, CLAIMS:
ALJTHORIZED PAYMENT OF CLAIM NOS. 66866 THROUGH 67004.
9. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
10. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Barna, Guzy & Steffen, Ltd.
40D Northtown Financial Plaza
200 Coon Rapids Boulevard, N.W.
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the Months of January/February, 1996. ..$683.13
No persons in the audience spoke regarding the proposed consent
agenda items.
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously,
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F'RIDLEY CITY COUNCIL MEETING OF MARCF3 4, 1996 PAGE 6
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted,
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously,
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
OLD BUSINESS:
11. 1996 APPOINTMENTS TO CITY COMMISSTONS (TABLED JANUARY 8
� nnc� .
MOTION by Councilman Schneider to remove this item from the table.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously,
MOTION by Councilman Schneider to re-appoint the following persons
to City Commissions:
APPEALS COMMISSION:
Larry Kuechle and Kenneth Vos to terms expiring April 1, 1999.
ENVIRONMENTAL OUALITY AND ENERGY COMMISSION:
John Velin to a term expiring April 1, 1999.
HUMAN RESOURCES COMMISSION:
Terrie Mau to a term expiring April 1, 1999.
PARKS AND RECREATION COMMISSION:
Susan Price to a term expiring April l, 1999.
CABLE TELEVISION COMMISSION;
Ralph Stouffer and Burt Weaver to terms expiring April 1, 1999.
POLICE COMMISSION:
John Burton to a term expiring April 1, 1999.
ERIDLEY CITY COUNCIL MEETING OF MP.RCH 4, 1996 PAGE '�
� HOUSING AND REDEVELOPMENT AUTHORITY:
John Meyer to a term expiring June 9, 2001.
Seconded by Councilwoman Jorgenson.
Mayor Nee asked for any other nominees, and since there were none,
the nominations were closed.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously,
It was noted that Clem Coverston did not wish to be re-appointed to
the Human Resources Commission.
Councilwoman Jorgenson stated that there are two vacancies on the
Human Resources Commission and two on the Environmental Quality and
Energy Commission. She stated it is hoped that residents will
respond if they are interested in serving on these commissions.
NEW BUSINESS:
� 12. FIR5T READING OF AN ORDINANCE TO AMEND THE CTTY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST, ZOA #95-01, BY THE ROTTLUND
COMPANY, INC., GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET,
WEST OF UNIVER5ITY P.VENC3E� AND NORTH OF SATELLITE I,ANE)
(WARD 1):
Ms. Dacy, Community Development Director, stated that this rezoninq
is one of three items on the Council's aqenda for redevelopment of
the Southwest Quadrant. She stated that the rezoning is for a
fourteen acre site to be rezoned from C-3 and R-3 to S-2. She
stated that the rezoning is based on the site plan which proposes
64 three-story townhomes on the east side of Third Street and 54
one and two-story townhomes on the west side of Third Street.
Ms. Dacy stated that the plaza/park area in the northeast corner of
the site is part of the plan, as well as the landscaping plan,
utilities plan, and grading and drainage plan which has been
approved by the appropriate agencies and engineering staff. She
stated that the plans meet the objectives of the guidelines of the
Council.
Ms. Dacy stated that sixteen stipulations are part of the rezoning
approval. She stated that a ma�or issue was the reconstruction of
� the Mississippi Street and Third Street intersection. 5he stated
that the county approved the design, and there will be a four-way
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F12IDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 8
cost sharing with the developer, the HRA, the County, and the
owners of Holly Center.
Ms. Dacy s�ated that a number of the stipulations deal with the
buffer treatments and fencing. She stated that there would be an
arbor vitae hedge and stone columns along Mississippi Street, and
the chain link fence would be removed on University Avenue and
replaced with an ornamental fence with colunuis, She stated that
details need to be worked out with the Minnesota Department of
Transportation. She stated tha� there would be a wood screening
fence along the common lot lines with R1�0 Manufacturing, 486 trees
would be planted around the site, and throughout the perimeter, 56
of which are larger than what is typically required. She stated
that there would be underground sprinkling to maintain the land-
scaping and the park/plaza area would be installed and maintained
by the owners. She stated that there would be a public access
easement to allow the public to use tne space and the bikewayl
walkway. She stated that the developer would be responsible for
installation and maintenance of the light standards. She stated
that village homes shall be constructed to avoid the same
elevations immediately adjacent to one another.
� Ms. Dacy stated that in marketing the one and two-story units on
the west side of Third Street, it is requested that those 54 units
be split into thirds. She stated that the first one-third are to
be marketed to seniors at an affordable range of $90,000 tc
$110,000 and the remaining two thirds marketed at $110,000 to
$120,000. She stated that the developer wished to discuss this
stipulation with Council. She stated that staff recommends
approval of the rezoning sub�ect to the sixteen stipulations.
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Mr. Tim Whitten, Rottlund Company, Inc., stated that minor changes
have been made since the last time this item was before Council.
He stated that there was a request by the Deputy Fire Chief to
include a looped street rather than a dead end. He stated that the
sidewalks have been moved out of the right-of-way to allow for
additional snow storage along the public streeto
Mr. Whitten stated that an alternate plan was created £or village
homes in response to those who wished a master bedroom on the main
floor and more space. He stated that they have the original plans
for the one and two-story units, but they have also added a twa-
story plan with a master bedroom on the main floor,
Mre Whitten stated that designs are now being developed for the
three-story homes or The Gables. He stated that in some units the
front entry has been moved to separate the units and to break up
the mass of the elevation. He stated that the roof line has been
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FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 9
lowered, and entrance elements have been introducefl. He stated
that the floor plan is essentially the same, but some of the space
has been redesigned. He stated that there are two bedrooms on the
upper level and a little larger bath.
Mr. Whitten stated that on the row or traditional townhomes the
elevations are essentially the samea He stated that a three
bedroom plan has also been introduced on the ends of the buildings
which allows for a master bedroom and two bedrooms on the upper
level, as well as some additional livinq space on the main floor.
Councilwoman Bolkcom questioned the park fee of $325 per unit which
is a stipulation of the plat approval. She stated that the Parks
and Recreation Commission felt the full fee should be paid.
Ms. Dacy stated that the $325 per unit is a staff proposal to
Council based on the fact that the developer is proposing to
install the improvements and provide an easement for public use for
the park and the bikeway/walkway area. She stated that this is in
excess of what typically would be requireci by the subdivision
ordinance. She stated that staff°s recommendation is for a fifty
percent reduction as the normal fee is $750 per unit. She statedg
however, that this would amount to $375 per unit and not $325 per
unit and should be corrected.
Mr. Tom Harrington, BRW, Inc., presented a site plan for the plaza
area. He stated that the changes to the park space have not been
significant, and it is the same configuration. He stated that
decorative fencing with stone columns and evergreens trees are used
with benches along the trail. He stated that this creates an image
to capture the intersection and to provide a gateway statement for
the City. He stated that a pattern has already been established on
Mississippi Street with the decoxative paving and street lighting
which would remain the same. Mr. Harrington stated that there
would be a two to three foot hiqh stone wall with arbor vitae
installed. He stated that layering perennials by height and color
would be planted to create interest.
Mr. Harrington stated that this intersection would not only have
the ornamental fencinq, but the backdrop of trees and the arbor
vitae to the west to create screening on Mississippi Street.
Councilwoman Bolkcom asked if anyone could use the park/plaza area
or if the association could bar anyone from using this area.
Ms. Dacy stated that the plaza area was one of the requirements of
the original guidelines. She stated that the bikeway/walkway is a
correction from the plaza to the downtown area of Fridley.
g'RYDLEY CITY COUNCIL MEETING OF MI.RCH 4, 1996 PAGE 1�
� Councilwoman Bolkcom stated that she did not want signs posted that
this area was for use only for the resxdents residing in
Christenson Crossing.
Ms. Dacy stated that the subdivision signs for Christenson Crossing
will be at Third Street and Mississippi Street. She stated that in
the northeast corner of the site there could be a community
oriented sign which would help add to the public ownership of this
area.
Mr. Todd Stutz, Rottlund Company, Inc., stated that they have
reviewed the sixteen stipulations and are in agreement with these
stipulations. He stated that they are in agreement with the
ma�ority of the provisions in the development agreement, He stated
that there is one item relating to the 54 village homes, and the
effort to provide affordable housing within that component. He
stated that rather than providing eighteen units within the $90,000
to $110,000 price range, they would like this increased to a ran�e
of $95,000 to $115,OD0, and for these price limitations to exist
for a one-year period of time. He stated that for the eighteen
units within the $110,000 to $120,000, they would like the range
increased from $115,000 to $125,000.
� Mr. Stutz stated that Rottlund hoped to supply alternative housing
for those in Fridley. He stated that if they find that most of the
residents want homes more than $125,000, then this should be de-
termined by the residents, and they should not have to supply homes
below that price after one-year. He stated that the Metropolitan
Council defines affordable housing at $115,000 or less, and
Rottlund is committed to providing one-third of the pro�ect for a
one-year period of time to homes in that price range. He stated
that this time period would be approximately from June 1, 1936,
when the building permits are taken out, to June l, 1997.
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Councilwoman Jorgenson asked how long it would take to construct
those units.
Mr. Stutz stated that the units would be available by September 15,
1996, but the overall development would be completed by June, 1998.
Councilwoman Jorgenson asked how many units would be completed by
June 1, 1997,
Mr. Stutz stated that roughly one-half of the homes would be
completed by June 1, 1997.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 4, Y996 PAGE 11
Councilwoman Jorgenson stated that several residents have asked if
they could have a basement and questioned if this would be
available.
Mr. Stutz stated that it is not provided as part of the plans and,
at this point, it is not their desire to offer basements. He
stated that the overall grading is based on a certain hold down
which allows for slab on grade construction. He statefl that a
basement would require additional material to be hauled off site,
Mr. Burns stated that in regard
certain number of units, he felt
not be completely constructed in
tion that Rottlund has requested
be purchase contracts for them,
to the price limitations on a
that these homes probably would
the one-year time period limita-
but more than likely there would
Mr. Stutz stated that potential buyers could look at their model
that is within those price ranges.
Councilwoman Jorgenson asked how many homes pre-sello
Mr. Stutz stated that, typically, pre-sold homes are from a contin-
� gent buyer who has an existing home to sell. He stated that they
would expect to start pre-sales by June 1 and would expect ten or
more homes to be sold by the time they are completed in September.
He stated that the gable homes are a different market because,
typically, these would be first-time home bu_yers, and they do not
have existing homes to sell.
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Councilman Schneider asked Mr. Stutz if he is in agreement with the
ma�ority of the issues in the development agreemento
Mr. Stutz stated that he has not seen the final changes.
Ms. Dacy stated that the Housing and Redevelopment Authority
approved the development agreement in February, She stated that
the procedure for Rottlund constructing the Mississippi Street
intersection improvements needs to be finalized, However, once
Council approves the plans they will also need to be approved by
the HRA at their March meeting. She stated that the ma7or business
terms were approved by the HRA and the developer.
Councilman Schneider asked when the second reading would occur if
Council approved a first reading of this ordinance.
Ms. Dacy stated that the second reading of the rezoning ordinance
would not occur until the building permit applications have been
made, the development agreement executed, and there was closing on
� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 12
the property. She stated that the second reading probably would
not be until April, assuming everything proceeds on schedule.
Councilman Schneider asked what is the recourse for the City if for
some reason construction does not proceed after all the agreements,
permits, and rezoning has been approvedo
Ms. Dacy stated that there are a number of ineans of recovery, She
stated that the S-2 zoning district is dependent on the site plan.
She stated that Rottlund would have to comply. If they could not,
they would have to submit a new plan prior to initiation of
construction. She stated that if they do not follow through with
the terms of the development agreement the City can take title of
the property upon proper notification.
Councilman Schneider asked if this would be a fairly expensive
negotiation process.
Ms. Dacy stated that it would be enforceable. She stated that
until plans are complied with, the City would not issue a building
permit. She stated that certificates of completion would be issued
to make sure they comply with a11 provisions of the development
� agreement before units can be sold. Ms. Dacy stated that she felt
the HRA has a number of avenues to recover the property if the
developer does not comply with the terms of the development
agreement.
Councilman Schneider asked who reviewed these agreements.
Ms. Dacy stated that Mr. Casserly, who is the counsel for the
Housing and Redevelopment Authority, reviewed the agreements.
Councilman Schneider asked if they have been reviewed by the City
Attorney, Mr. Knaak.
Ms. Dacy stated that they have not and would be forwarded to
Mr.Knaak for review.
Councilman Schneider felt that the review by the City Attorney is
another safety clause and better protection for the City.
Councilwoman Bolkcom questioned the stipulation in the plat
approval that one person cannot own more than two units in the
development for rental purposes.
� Ms. Dacy stated that stipulation was recommended by the City°s
former assessor, and she has not heard any ob�ections from the
developer.
� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 13
Councilwoman Bolkcom stated that she could not see the benefits of
increasing the price range $5,000,
Mr. Stutz stated that in the process of developing this product,
they did not think they could build anything for $90,000. He
stated that the $95,000 to $115,000 range is more realistic and
serves the market that exists.
Councilwoman Bolkcom stated that her question is if one-third of
these units will all be $115,000.
Mr. Stutz stated that the development will not be successful if
they do not market to the people in Fridley, which is their intent.
Councilman Schneider stated there is nothing that guarantees that
there will be a$95,000 unit, and the $95,000 to $115,000 range is
probably really $115,000,
Mr. Stutz stated that the base home needs to be lower than $115,000
in order to allow upgrades or added options.
Councilman Schneider stated, for example, a person purchases a
1 model priced at $100,000 but upgraded and added options which
raises the price to $118, 000. He asked if this is considered in
the range of $95,000 to $115,000 or if it means the developer did
not meet their commitment.
Ms. Dacy stated that it needs to be considered as above the
$115,000, but the City would try to enforce the one-third approach
as best as possible. She stated it is conceivable that two-thirds
of the units may be bought and sold for a higher price.
Councilman Schneider stated that he would agree there should be
some units targeted for moderate incomes and for seniors.
Councilwoman Bolkcom stated that in the discussions, Council
indicated that they wanted something that was affordable.
Ms. Dacy stated that staff wants to enforce Council's wishes.
Councilman Billings stated that in Stipulation 16, there is
refe�ence that the village homes shall be constructed so as to
avoid the same building elevation being constructed immediately
ad�acent to one another. He questioned if it was the intent of
this stipulation that there never will be two buildings with the
� same elevation side-by-side or if it is a goal the developer should
strive to achieve. He stated it is also obvious that the developer
� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 14
is not in agreement on Stipulation 15 regarding the price ranges
and that needs to be addressed.
Councilman Billings stated in regard to the stipulations on the
plat, in Stipulation le, there is reference to $325 per unit, which
should be $375 per unit. He stated that in Stipulation 2e, there
is a provision for maintenance and landscaping including the plaza
area. He felt that the townhouse association could view this as a
City plaza, and in the future may replace trees of not equal
quality. He felt that an amendment to indicate that future
improvements or replacement of plantings needs to be approved by
the City so that the association does not do something on their
own.
Mr. Stutz felt that this made sense. He stated that there would be
a provision for an architectural control committee. Part of their
function will be to review improvements for that corner and to make
sure they are reviewed and approved by the City.
Councilman Billings felt that perhaps this should be included in
the development agreement.
� Ms. Dacy stated it is staff's intent that the condominium declara-
tion and townhome documents be submitted and reviewed by staff and
the City Attorney prior to closing on the property. She stated
that these documents need to be recorded along with the plat,
Mayor Nee stated that before the second reading on the rezoning,
there would be a thorough review by the City Attorneyo
Mr. Burns questioned if the request by the developer to be relieved
of the value restrictions would qo either up or down.
Mr. Stutz stated that they could not go below the $90,000 price
range ($95,000 which is being requested). Those in the price range
of $90,000 to $110,000 ($95,000 to $115,000 being requested) and
those in the price range of $110,000 to $120,000 ($115,000 to
$125,000 being requested) would be the only ones affected.
Councilwoman Jorgenson asked if the price ranges included in the
stipulation were the figures that were used when the development
agreement was being worked out for the land sale price.
Ms. Dacy stated that she believed the land sale was based on those
price ranges, but she would like to address this question to
' Mr. Casserly before responding to Councila
FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 15
� Councilman Schneider asked if the land sale price shouid be higher
if the implication is that the price ranges were raised.
Councilwoman Jorgenson stated that there would be a higher profit
if prices are increased, and she wanted to make sure that this was
reflected in the sale price of the homes,
Councilman Schneider stated that he does have some problems with
the price ranges, but he is not sure what is workable.
Councilman Billings questioned if the City has an agreement with
the owners of Holly Center regarding the improvements on
Mississippi Street.
Ms. Dacy stated that they have submitted a letter waiving their
riqht to a public hearing for these improvements and agreeing to be
assessed. She stated that if all other agreements were approved.
staff would submit a joint powers agreement and work with the
owners of Holly Center on how the costs would be assessed. She
stated that the terms and rates need to be worked out.
MOTION by Councilman Schneider to waive the reading and approve the
� ordinance on first reading with the following stipulations: (1)
Rottlund Homes, Inc. shall develop the property in conformance to
the site plan dated February 26, 1996. The petitioner shall also
comply with the stipulations of P.S, #95-01 and SAV #95-02p (2) the
Mississippi Street/Third Street intersection shall be reconstructed
in accordance with the design as generally depicted on the proposed
site plan dated February 26, 1996 which may be further detailed in
a Joint powers Agreement with Anoka County and the Crty, or amended
by County or City staff. It is understood that the cost of con-
struction of the improved intersection will be divided equally be-
tween the petitioner, Anoka County, Fridley HRAo and the property
owner of Holly Center. The petitioner shall obtain the appropriate
permits for work within the Anoka County right-of-way; (3) Rottlund
Homes, Inc. shall execute a landscape easement and maintenance
agreement with RAO Manufacturing prior to grading the property. A
copy of the agreement shall be submitted for staff approval prior
to execution. The agreement shall require Rottlund to install an
eight foot fence and coordinate grade elevations with RAO for
proper drainage; (4) a$60,000 performance bond shall be submitted
prior to the initiation of grading to insure installation and main-
tenance of the proposed landscaping as approved by the City
Council. The performance bond shall remain in force through one
growing season of vegetation proposed in the plan; (5) the
developer shall install the landscaping and fencinq treatments as
� proposed in the plan dated February 27, 1996; (6) ornamental metal
fencinq with alternating brick-stone columns shall be installed
�
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FRIDLEY CITY COUNCIL MEETING OF MAFtCH 4, i996 PAGE 16
along University Avenue subject to the requirements of MnDOT,
Minnegasco, and City staff; (7) Rottlund Homes, Inc. shall obtain
any necessary permits from MnDOT regarding fencing, utilities,
grading, or other issues; (8) the entry features shall be installed
according to the plan prepared by Arteka dated April 20, 1995; (9)
Rottlund Homes, Inc. shall install the improvements in the public/
private plaza as specified in the Public/Private Plaza/Park Psea
Revised Concept Plan dated February 27, 1996. Three additional
benches shall be included in the plan; (10) all utility boxes or
other minor accessory structures shall be properly screened with
vegetation or decorative fencing, per the rules of the utility
companies and the City of Fridley; (11J the petitioner sha11
install all light standards as shown on the site plan dated
February 26, 1996 including the 25 foot NSP light standards.
Additional single globe light standards shall be installed in the
southeast part of the site for the attached units, depending on the
photometric needs of the driveway areas. Pedestrian height light
standards (six feet} shall be installed through the plaza area;
(12) the units shall be constructed in accordance with the archi-
tectural plans dated February 29, 1996, or as amended by the HRA;
(13) Vision 2000 windows or an equivalent approved by the City
shall be installed in all units; (14) Rottlund Homes, Inc. shall
enter into a development contract with the Fridley Housing and
Redevelopment Authority and shall comply with all o� its
provisions; (15) at least one-third of the units on the west side
of Thirci Street shall be specifically marketed to seniors at a
value between $90,000 to $110,000 and shall be one-story in height.
The remaining two-thirds shall be divided between $110,000 and
$120,000, and $120,000 and above; and (16) the units on the west
side of Third Street (village homes) shall be constructed so as to
avoid the same buildinq elevation being constructed immediately
ad�acent to one another. Seconded by Councilwoman Bolkcom.
Councilman Billings stated that at the public hearing he indicated
he would not feel comfortable with the first reading of this ordi-
nance until after the development agreement and any other agree-
ments are worked out so he would know there would not be any
changes. He stated that if there is not a motion to table he would
abstain from voting on this motion.
Councilwoman Jorgenson asked how it affects the time table if this
is not approved this evening.
Ms. Dacy stated that a number of items would have to be scheduled
for the March 18 meeting.
,
FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE i7
Councilman Schneicler stated that he assumed this ordinance would
not have a second reading until the development agreement is
signed.
Ms. Dacy stated it is anticipated that the HAA will approve the
plans on March 14, and all that needs to be done is some minor
changes to the development agreement before it is signed. She
stated that the second reading of this rezoning ordinance would be
the final item and probably would be before Council in Aprila
Councilman Schneider questioned the risk of having the first
reading of this rezoning ordinance assuming that there are no ma�or
issues.
NIr. Knaak, City Attorney, stated that there would be no real harm
provided it is the practice of Council to have the discretion of
not approving the ordinance on the second reading. He stated that
in some cities the second reading is considered a formality, but
that is not the case in Fridley. He stated that there would be no
harm in proceeding with the first reading of the ordinance at this
point.
� Ms. Dacy stated that
Between now and the
happy to follow up
this is appropriate
approval.
�
there is a concern on Stipulations 15 and 16.
second reading of the ordinance she would be
with additional information if Council feels
or wants to make that a condition of the
Mayor Nee questioned if that gives them any claim on receiving a
second reading if the petitioner receives a favorable first reading
of this ordinance.
Mr. Knaak stated that it does not give them any claim particularly
where the second reading in Fridley has not been a mere formality.
He stated that the practice the City follows is multiple readings,
and the entire process deals with Council's discretion as a
legislative body.
UPON A ROLL CALL VOTE, Councilman Schneider, Councilwoman Bolkcom,
Councilwoman Jorqenson, and Mayor Nee voted in favor of the motion.
Councilman Billings abstained from voting on the motion. Mayor Nee
declared the motion carried by a four to one vote.
ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 18
� 13a FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 Ok' THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (VACATION REQUESTo SAV #95-02, BY THE
ROTTLUND COMPANY, INC., GENERAI�LY LOCATED SQUTH OF MISSISSIPPI
STREET� WEST OF UNIVERSITY AVENiJE, AND NORTH OF SATELLITE
TTi.ic'1 /r.innrl � \ .
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading with the following stipulations: (1)
Rottlund Homes, Inc. shall record any utility easements as re-
quested by the utility companies, either on the plat or by separate
document; and (2) compliance with the stipulations of rezoning
request, ZOA #95-01 and plat request, P.S. #95-01. Seconded by
Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider,
Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted
in favor of the motion, Councilman Billings voted against the
motion. Mayor Nee declared the motion carried by a four to one
vote.
14. RESOLUTION N0. 17-1996 APPROVING PLAT REQUEST, P.S. #95-01,
CHRISTENSON CROSSING (BY THE ROTTLUND COMPANY, INC. GENERALLY
LOCATED 50UTH OF MISSISSIPPI STREET, WEST OF UNIVERSITY
� Councilwoman Bolkcom asked if the rezoning and vacation can be
changed if Council adopts this resolution.
Ms. Dacy, Community Development Director, stated that approval of
the plat does not dictate what is contained in the vacation and
rezoning.
Councilman Schneider stated that he is comfortable with approving
the plat, but he had a concern if there were other obstacles,
Mr. Knaak stated that there is no reason not to proceed a� this
point. He stated that there is still sufficient control so that
the City's interests are protected.
Ms. Dacy stated that Councilman Billings' questioned Stipulation
2e, and this could be amended as part of the motion.
Councilman Billings stated that this was the reason he did not want
to take action until all documents are completed. He stated that
he does not feel comfortable with writing corrections and offering
amendments.
� Ms. Dacy stated that she understood Councilman Billings wished to
include language that future improvements or replacement of
�
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FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 19
plantings sha11 be approved by the City prior to installation by
the homeowners association.
Ms. Dacy stated that staff is attempting to obtain all the
approvals regarding the land use and platting so this can be
submitted to the HRA. She stated that way the HRA has all the
stipulations to finalize the development agreement and to start on
the process for the intersection improvements. She stated that if
the plat is not approved staff, is taking the risk of proceedinq
without Council's approval. She stated that Council is approving
the plat and authorizing the Mayor and City Manager to sign it, but
if anything goes wrong it would not be filed. She stated that this
is no different than other developments in the past. She stated
that staff tried to package everything and left the second and
final reading of the rezoning until all other agreements were
approved.
Mr. Knaak stated that perhaps Council could satisfy Councilman
Billings` concerns with Stipulation 2e by focusing on Stipulation
2h and adding the words, "in its discretion'° after the word
"Fridley" in line 1 and in line 4 after the word "maintenance,"
insert the words "as determined by the City."
MOTION by Councilman 5chneider to adopt Resolution No. 17-1996,
with the following stipulations attached as Exhibit A: (1) the
petitioner shall enter into and record against the property the
development agreement with the HRA. The petitioner shall comply
with its requirements including, but not limited to the following
stipulations: (a) the developer shall construct Third Street and
utilities in accordance with the City of Fridley Engineering
standards and specifications; (b) the developer shall submit a
performance or subdivision bond in the amount of 125 percent of the
improvement cost to ensure proper installation of the street and
public utilities; (c) the petitioner shall obtain the Minnesota
Pollution Control Agency permit for storm water management prior to
grading on the property. The petitioner shall comply with the
requirements of the MPCA permit; (d) the site shall be graded
according to the grading plan dated February 2, 1996; (e) the
petitioner shall pay $325/unit as park dedication fees; (f) utility
lines shall be designed according to the City of Fridley's
engineering standards and requirements. The City shall inspect the
construction of the utilities. A plan and profile drawing of the
sanitary sewer and water mains shall be submitted; and (g) the
utility plan dated February 27, 1996 shall be amended to include
another fire hydrant in the southeast corner of the site.
(2) Rottlund Homes shall record the appropriate condominium
declaration in compliance with State Statute 515A and the
�
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FRIDLEY CITY COUNCIL MEETING OF MP.RCH 4, 1996 PAGE 20
appropriate townhome association documents. The documents shall
include, and the petitioner shall comply with, the following
stipulations: {a) the association shall be responsible for the
plowing, maintenance, and repair of the private driveways, streets,
and bikewaylwalkways. The declaration shall permit emergency
vehicle access; (b) the private streets shall be signed °'No
Parking" as required by the Fire Department; (c) the association
shall be responsible for the operation, maintenance and repair of
the storm water system, and shall execute a storm water pond
agreement. The pond agreement shall be recorded against the
property; (d) the association shall flush the hydrants in
accordance with City policies, or permit the Public Works
Department to perform the flushing; (e) the association sha11 be
responsible for the maintenance and/or repair of the landscapinq,
entrance monuments, buffer treatments, light standards, and the
plaza area in the northeast corner of the site; (f) the condominium
and townhome documents shall include the final plan of the pro�ect
as approved by the City Council; (g) the condominium declaration
shall require the association to repair and maintain private water
and sewer lines; (h) the documents shall permit the City of Fridley
to access the property after appropriate notification to complete
repairs and assess the cost of the property against the association
if appropriate maintenance is not completed. Repairs include work
on utilrties, streets, bikeway/ walkways, plaza areas, fencing, and
landscaping; (i) the condominium declaration shall include language
preventing owners from owning more than two units in the
development for rental purposes; and (j) the documents shall
require that hydrants be visible and kept clear of snow or
obstructions.
(3) the petitioner shall record an easement permitting publzc
access over the bikeway/walkways, sidewalk, and the public/private
plaza area; (4) an easement shall be recorcled in the northeast
corner of the plat which provides the City of Fridley access and
the ability to construct an underpass or overpass; {5) the
petitioner sha11 comply with the requirements of the Fire
Department as specified in Richard Larson's memorandum dated March
21, 1995; and I6) Rottlund Homes, Inc. shall comply with the
stipulations of ZOA #95-01 and SAV #95-02. Seconded by
Councilwoman Bolkcom.
MOTION by Councilman Schneider to amend the above motion by
changing the amount in Stipulation le from $325/unit to $375/unit.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to amend the above motion by
chanqing Stipulation 2h to read as follows: (h) the documents
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ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996
shall permit the City of Fridley, in its discretion, to access the
property after appropriate notification to complete repairs and
assess the cost of the property against the association if appro-
priate maintenance, as determined by the City, is not completed.
Repairs include work on utilities, streets, bikewayiwalkways, plaza
areas, fencing, and landscaping. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
UPON A ROLL CALL VOTE ON THE MAIN MOTION, Councilman Schneidero
Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted
in favor of the motion. Councilman Billings voted against the
motion. Mayor Nee declared the motion carried by a four to one
vote.
15. INFORMAL STATUS REPQRTS:
Mr. Burns, City Manager, stated that he would like to discuss the
commemorative memorial during the conference session.
Councilwoman Bolkcom noted that The Zone hosted a battle of the
bands which three hundred youth attended. She stated it is hoped
� that there will be two more of these contests and prizes awarded
from funds provided by the Minnesota Parks and Recreation
Association. She stated that the champion would be at the
showmobile this summer at Moore Lake.
1
Councilwoman Jorgenson stated that all those who participated in
the battle of the bands were local persons.
Mr. Burns stated
John Murzyn Hall
attended.
ADJOURNMENT:
that there was a historical program last week at
in Columbia Heights and two hundred seniors
MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Reqular Meeting
of the Fridley City Council of March 4, 1996 ad�ourned at 9:35 p.me
Respectfully submitted,
. �
� �_ � ", r ,� ?� ,
Carole Haddad
Secretary to the City Council
w�( ��
William S. Nee
Mayor